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UNIVERSITY    OF    CALIFORNIA    PUBLICATIONS 
EDUCATION 

Vol.  3,  No.  1,  pp.  1-45  April  10,  1903 


THE   ORIGIN 

OF 

AMERICAN   STATE   UNIVERSITIES 


BY 
ELMER    ELLSWORTH    BROWN 


BERKELEY 

THE   UNIVERSITY  PRESS 
PRICE,    50    CENTS 


Editor  of  Publications  in  Education: 

ELMER    ELLSWORTH    BROWN 


UNIVERSITY    OF    CALIFORNIA     PUBLICATIONS 
EDUCATION 

Vol.  3,  No.  1,  pp.  1-45  April  10,  1903 


THE  ORIGIN  OF  AMERICAN  STATE 
UNIVERSITIES 


BY 
ELMEE  ELLSWOETH   BEOWN 


Under  the  Roman  Empire,  education  was  made  an  affair  of 
the  state.  But  during  the  middle  ages,  the  church  came  to  be 
regarded  as  the  chief,  if  not  the  only,  educator.  Men  forgot 
that  the  civil  power  had  ever  exercised  this  function,  and  doubted 
whether  it  ever  would  or  could.  This  view  was  somewhat  shaken 
by  the  religious  disturbances  which  preceded  the  founding  of  the 
American  colonies,  but  its  continued  ascendancy  is  variously 
shown  in  our  colonial  systems  of  education.  Yet  we  find  in  those 
systems  a  larger  admixture  of  civil  agency  than  was  common  in 
European  countries  at  the  same  period.  The  isolation  of  the 
colonies,  their  poverty  and  feebleness,  and  doubtless  many  other 
circujjn stances,  contributed  to  this  result.  But  even  here  we  find 
nothing  like  that  governmental  control  of  education  which  has 
been  so  characteristic  of  the  nineteenth  century. 

It  is  the  purpose  of  this  paper  to  trace  the  earlier  development 
of  state  control  of  the  higher  education  in  this  country.  We 
must  not  forget  that  this  development  is  part  of  a  more  com- 
prehensive movement,  which  has  affected  all  of  the  great  culture- 
lands  of  the  world.  Yet  the  American  side  of  the  movement  is 
sufficiently  distinct  to  admit  of  separate  study,  and  in  this  study 
the  more  general  characteristics  of  the  movement  may  be  largely 
left  out  of  account. 


05eG 


^ 


2  University  of  California  Publications.         [education 

The  ends  to  be  sought  in  the  external  management  and  con- 
trol of  an  institution  of  learning  are,  briefly,  these:  First,  to 
provide  such  instruction  as  shall  meet  the  need  of  the  public  to 
which  the  given  institution  ministers;  and  secondly,  so  to 
husband  or  to  enlarge  its  resources  that  it  may  serve  that  public 
efficiently  and  continuously.  We  are  to  see  how  these  ends  were 
sought  in  the  administration  of  our  early  colleges. 

But  first  a  word  as  to  the  type  of  educational  administration 
with  which  the  colonists  had  been  familiar  in  the  mother  country. 
The  form  of  organization  common  in  England  was  that  in  which 
the  master  and  fellows  of  the  school  or  college  were  made  a  body 
politic,  having  full  control  of  the  institution, as  to  both  financial 
and  educational  administration.  This  was  a  dangerous  system, 
for  it  gave  the  teaching  body  the  management  of  the  funds  out 
of  which  they  themselves  were  paid.  To  meet  this  danger,  some 
person  or  persons  outside  of  the  institution,  the  bishop  of  the 
diocese  it  might  be,  or  some  other  dignitary  of  the  church,  was 
-i<  commonly  charged  with  the  duty  of  official  visitation.  The  right 
of  visitation,  by  common  law,  rests  with  the  founder  and  those 
designated  by  him  as  his  successors.  Hence  the  importance 
in  disputed  cases  of  determining  the  real  founder  of  the 
institution  in  question.  The  visitatorial  relation  of  some  higher 
power  was  the  only  provision  under  this  system  to  prevent  the 
misapplication  of  endowments  and  secure  the  rights  of  the  public 
in  the  institution.  That  it  was  often  an  insufficient  safeguard  is 
shown  by  the  painful  and  tedious  efforts  of  Parliament  in  the 
nineteenth  century  to  correct  long-standing  abuses  in  the  manage- 
ment of  the  endowed  schools  of  England.  In  fact,  the  general 
history  of  the  control  of  English  educational  institutions  is  not 
by  any  means  so  simple  a  matter  as  this  brief  statement  might 
seem  to  imply.  But  the  ins  and  outs  of  that  history  need  not 
concern  us  here. 

The  peculiar  conditions  found  in  the  colonies  called  for 
variation  from  the  English  type  at  the  outset.  But  it  was  not 
clear  what  direction  this  variation  should  take.  We  shall  find, 
accordingly,  fluctuation  and  experiment,  resulting  in  mixed  and 
complicated  systems  of  control.  Out  of  this  confusion,  we  shall 
see  the  simple  type  of  organization  known  as  the  close  corpora- 


Vol.  3]    Broivu .  —  The  Origin  of  American  State  Univevsities .  3 

tion  rising  into  prominence.     This  type  was  dominant  for  some  ^^ 

years  previous  to  the  American  Revolution,  and  for  two  or 
three  generations  thereafter.  It  was  framed  in  accordance  with 
models  found  in  the  industrial  world  and  in  the  world  of  com- 
merce, and  it  provided  for  effective  business  management.  But 
it  did  not  provide  equally  well  for  the  responsibility  of  educa- 
tional institutions  to  the  public  which  they  served.  The  public 
became  dissatisfied  with  institutions  of  this  sort,  and  after  a  good 
deal  of  bungling  experimentation,  began  the  establishment  of 
universities  under  unmixed  state  control.  Such,  in  brief,  is  the 
movement  which  we  are  about  to  examine. 

The  oldest  of  our  colleges  was  founded  on  a  liberal  grant  of  , 
funds  by  the  General  Court  of  Massachusetts  Bay  Colony  in  ^ 
JL636.  This  was  soon  followed  by  the  bequest  of  John  Harvard, 
whose  name  the  institution  has  borne  almost  from  its  beginning. J 
Until  1642,  the  college  seems  to  have  been  subject  to  the  direct 
action  of  the  General  Court  or  of  a  committee  constituted  by  the 
General  Court.  Then  a  permanent  Board  of  Overseers  was 
charged  with  its  management,  this  Board  being  composed  of  both 
civil  and  ecclesiastical  dignitaries,  all  acting  ex  officio.  The 
Overseers  were  to  have  "full  power  and  authority"  in  all  matters 
relating  to  the  management  of  the  college,  but  were  made  to 
"stand  accountable  thereof"  to  the  General  Court.  Finally,  in 
1650,  a  body  politic  was  erected,  commonly  known  as  the  Cor- 
poration, to  hold  the  property  and  administer  the  affairs  of  the 
college.  This  Corporation  was  made  to  consist  of  "A  President, 
five  Fellows,  and  a  Treasurer  or  Bursar."* 

The  wording  of  the  charter  shows  the  infiuence  of  English 
precedents.  "Fellows"  would  seem,  according  to  the  English 
usage,  to  mean  members  of  the  corps  of  instruction.  Following 
this  interpretation,  two  of  the  resident  fellows  of  the  college,  in 
1722,  presented  a  petition  to  the  General  Court,  "praying  that 
they  may  be  vested  with  the  powers  of  the  Charter,  as  members  r^ 
of  the  Corporation."     The  Corporation  presented  a  memorial  in 


*  The  charters  of  our  colonial  colleges,  and  interesting  records  of  their  admin- 
istrative history,  are  reproduced  in  Clews.  Educational  legislation  and  admin- 
istration. 


4  University  of  California  Publications.         [education 

opposition  to  this  petition,  in  which  they  declared  ^Hhat  the  resi- 
dent Tutors  should  never  he  able  to  make  a  major  part  [of  the 
Corporation]  ,  because  we  think  it  contrary  to  the  light  of  nature, 
that  any  should  have  an  overruling  voice  in  making  those  laws, 
by  which  themselves  must  be  governed  in  their  office-work,  and 
for  which  they  receive  salaries."  This  question  was  hotly 
debated  for  many  months,  but  with  the  result  that  the  petition 
was  finally  denied.  A  like  question  came  up  a  centurj^  later,  in 
1824,  but  it  was  again  decided  adversely  to  the  resident  fellows. 
It  was  clear  by  this  time  that  the  English  system  did  not  find 
favor  in  America. 

The  charter  was  amended  in  1657,  to  enlarge  the  powers  of 
the  Corporation.  But  it  was  expressly  provided,  "that  the 
Corporation  shall  be  responsible  unto  .  .  .  the  Overseers." 
This  is  the  form  of  government  which  Harvard  College  has  been 
under  from  the  middle  of  the  seventeenth  century  down  to  the 
present  time.  It  has  seen  many  vicissitudes,  but  the  relation 
of  the  several  parts  of  the  system  one  to  another  has  not  been 
materially  altered.  The  core  of  the  organization  is  a  self -per- 
petuating corporation,  made  up  mainly,  since  the  earlier  period, 
of  persons  having  no  pecuniary  interest  in  the  institution.  The 
other  and  larger  managing  body  stands  to  this  Corporation 
virtually  in  the  relation  of  a  board  of  visitors. 

In  the  troublous  times  in  the  latter  half  of  the  seventeenth 
century,  four  different  attempts  were  made  to  alter  the  college 
charter,  but  all  of  them  failed.  Among  the  chief  points  in 
dispute  in  all  of  these  movements  was  the  question  as  to  the 
constitution,  or  even  the  existence,  of  the  Board  of  Overseers. 
This  point  is  emphasized,  because  it  is  vital  to  our  inquiry.  The 
question  as  to  the  Board  of  Overseers  was  simply  one  form  of 
the  question.  Where  shall  the  visitatorial  power  be  lodged?  And 
that,  again,  is  in  effect  the  question,  How  shall  the  rights  of 
the  public  in  this  institution  of  learning  be  secured? 

Meanwhile,  the  colonial  government  of  Massachusetts  was 
contributing  regularly  to  the  support  of  the  college.  In  one 
instance,  at  least,  a  lottery  was  authorized  for  the  benefit  of 
the  college;  but  in  the  main,  the  colony,  and  later  the  province, 
extended  its  aid  in  the  form  of  direct  appropriations  from  the 


Vol.  3]    Brown. — The  Origin  of  American  state  Universities.  5 

public  treasury.  It  cannot  be  said  that  Harvard  College  was  in 
those  days  what  we  understand  by  the  term  "state  university;" 
but  up  to  1650  it  was  as  nearly  like  a  state  university  as  the  X 
colony  was  like  a  modern  state.  In  a  less  degree,  it  preserved 
this  character  after  the  erection  of  the  Corporation.  According 
to  the  journal  of  the  House  of  Representatives,  "The  House 
entered  into  the  consideration  of  proper  grants  to  civil  officers," 
and  under  this  heading  voted  the  appropriate  payments  to 
the  justices  of  the  superior  court,  the  president  of  the  college,  • 
the  secretary  of  the  province,  and  a  long  list  of  other  public  y" 
officers,  including  certain  additional  officers  of  the  college. 
In  1737,  a  stipend  was  voted  for  the  year  to  President  Holyoke, 
in  these  terms:  "In  as  much  as  the  College  derived  their 
Constitution  from  the  General  Court  of  the  late  Colony  of  the 
Massachusetts  Bay  and  the  Assembly  of  this  Province  have  from 
time  to  time  chearfully  granted  considerable  sums  of  money  for 
the  erecting  of  sundry  buildings  for  the  more  commodious 
reception  of  the  Fellows,  Tutors,  Graduates,  and  Students  there, 
and  have  also  lately  built  a  convenient  dwelling-house  for,  and 
furthermore  have  at  all  times  readily  aiforded  their  aid  and  assist- 
ance in  supporting  of,  the  President  as  the  matter  required,  and 
all  this  in  expectation  of,  and  dependence  upon  their  close  adher- 
ence to  their  Constitution,  and  so  answering  the  great  and  good 
designs  of  founding  said  College,  .  .  .  it  is  ordered.  That 
there  be  and  is  hereby  granted  unto  the  Reverend  Mr.  Edward 
Holyoke  to  be  paid  out  of  the  publlck  Treasury,  the  sum  of  two 
hundred  pounds  .  .  .  for  the  space  of  one  year  from  the 
time  of  his  instalment,"  etc.  .,../ 

LJThe  college  was  strongly  ecclesiastical  in  its  bent  and  purpose. 
This  was  a  matter  of  course,  rather  than  a  matter  of  specific 
enactment.  It  was  seriously  proposed,  in  1699,  to  introduce 
certain  religious  tests,  but  the  attempt  was  not  successfulT? 

So  we  find  the  first  of  our  colonial  colleges  organized  under 
a  rather  complicated  system  of  control,  one  chief  purpose  of  j  ^^  \y 
which  was  to  keep  the  institution  responsible  to  the  public  and 
responsive  to  the  educational  needs  of  that  public.  And  this 
relation  of  the  college  to  the  colony  was  jealously  guarded,  so 
that  it  became  very  intimate  and  fruitful. 


6  University  of  California  Puhlications.         [education 

'  The  second  of  our  colonial  colleges,  that  of  William  and 
Majy,  in  Virginia,  received  a  charter  from  the  King  and  Queen 
in  1693^  This  charter  provided  for  a  system  of  control  as 
complicated  as  that  of  Harvard  College.  It  named  a  board  of 
trustees,  who  were  to  take  the  preliminary  steps  in  the  estab-  , 
lishment  of  the  institution,  including  the  appointment  of  the 
corps  of  instructors.  This  board  of  trustees  was  to  choose  a 
Chancellor  every  seven  years,  and  the  Bishop  of  London  was 
named  in  the  charter  as  the  first  Chancellor.  The  trustees  were 
also  to  choose  annually  a  Rector  from  their  own  number,  and 
the  Reverend  James  Blair,  the  Bishop  of  London's  commissary  in 
the  colonies,  was  named  in  the  charter  as  the  first  Rector. 
Moreover,  the  trustees  were  authorized  to  appoint  from  time  to 
time  the  President  and  professors  of  the  college,  and  the  charter 
designated  the  Reverend  James  Blair  as  first  President,  with  a  life 
tenure  of  his  office.  The  President  and  masters  or  professors 
of  the  College  of  William  and  Mary,  in  Virginia,  were  made  a 
corporation  authorized  to  hold  and  manage  all  property  belonging 
to  the  institution.  The  control  of  the  property  by  the  board 
of  trustees  was  accordingly  made  temporary,  that  body  being 
directed  to  turn  everything  over  to  the  President  and  professors 
as  soon  as  the  college  should  be  fairly  established.  Thereafter 
the  board  of  trustees  should  continue  as  a  self-perpetuating 
body,  charged  with  the  duty  of  filling  vacancies  in  the  corps  of 
instruction,  the  making  of  laws  for  the  government  of  the 
college,  and  the  regular  " vii^itation"  of  the  institution.  They 
were  designated  as  "Visitors  and  Governors." 

Of  the  eighteen  persons  constituting  the  first  Board  of 
Visitors  and  Governors,  four  were  chosen  from  the  clergy,  and 
fourteen  from  the  members  of  the  colonial  government.  The 
ecclesiastical  purpose  of  this  institution  was  strongly  accented  in 
its  charter;  and  in  practice  the  presidency  of  the  college  and  the 
office  of  commissary  of  the  Bishop  of  London  were  regularly 
united  in  the  same  person  down  to  the  time  of  the  Revolution. 
The  charter  conferred  on  the  institution  a  land  endowment  and 
important  portions  of  the  public  revenues.  Other  revenues 
were  from  time  to  time  granted  to  the  college  by  the  General 
Assembly. 


Vol.31    Brown. — The  Origin  of  American  state  Universities .  7 

[Yale  College,  the  third  of  our  colonial  institutions  of  higher 
instruction,  was  established  as  a  "collegiate  school,"  by  vote  of 
the  General  Court  of  Connecticut,  in  1701.  The  legislature  pro- 
ceeded very  cautiously  in  this  matter,  because  of  doubt  as  to  its 
authority  to  create  a  corporationT/  What  it  did  was  virtually  to  j/' 
create  a  corporation  without  calling  it  by  that  name,  and  without  j^'' 
conferring  the  right  to  use  a  common  seal.  The  body  thus  called 
into  existence  was  described  as  the  "trustees,  partners  or  under- 
takers for  the  said  school."  It  was  a  self -perpetuating  body  of 
ten — or  not  more  than  eleven — "ministers  of  the  gospel  inhabit-  ' 
ing  within  this  colony  and  above  the  age  of  forty  years."  It  was 
given  full  power  to  appoint  a  "rector,  master  and  officers,"  and 
to  manage  and  control  the  affairs  of  the  collegiate  school.  By 
later  acts  this  body  was  given  the  right  to  use  a  common  seal, 
the  rector  was  made  ex  officio  a  member  of  the  board,  and  the  age 
limit  of  members  was  reduced  to  thirty  years.  Finally,  in  1745, 
the  legislature  grew  sufficiently  bold  to  grant  the  college  a  regu- 
lar charter,  erecting  a  corporation  to  be  known  as  "The  Presi- 
dent and  Fellows  of  Yale  College  in  New  Haven."  This  was 
made  a  self- perpetuating  body,  without  limitation  as  to  the  per- 
sons who  might  be  appointed  to  fill  vacancies  in  its  membership. 
It  was  given  absolute  control  over  the  financial  and  educational 
administration  of  the  institution;  was  empowered  to  appoint  and 
to  remove  tutors,  professors,  and  other  officers;  ajid  to  make 
"laws,  rules  and  ordinances,  not  repugnant  to  the  laws  of  Eng- 
land, nor  the  laws  of  this  colony,"  for  the  regulation  of  instruc- 
tion and  government  in  the  college. 

The  adoption  of  this  form  of  administration  for  the  college 
in  Connecticut  is  an  event  of  the  greatest  importance  in  the  his- 
tory of  our  higher  education.  For  Yale  became  a  "Mother  of 
colleges ; "  and  we  find  the  remarkably  simple  and  flexible  Yale 
type  of  organization  dominating  both  the  higher  and  the  secon- 
dary education  of  the  United  States  for  two  or  three  genera-  -^ 
tions  after  the  achievement  of  our  national  independence.  It 
is  clear,  too,  that  the  founders  did  not  happen  on  this  arrange- 
ment by  anj  sort  of  chance,  though  they  may  not  have  seen 
all  that  there  was  in  it.  This  appears  from  correspondence  with 
certain  Bostonians  who  were  interested  in   their  undertaking. 


8  University  of  California  Publications.         [edttcation 

Some  of  the  Connecticut  men  were  particularly  desirous  of  making 
the  new  college  a  perennial  fountain  of  orthodoxy.  In  this  they  had 
the  heartiest  sympathy  of  the  faction  in  Massachusetts  who  were 
in  active  opposition  to  the  "  latitudinarian"  tendencies  already 
present  and  influential -4n  Harvard  College.  There  is  extant  a 
memorandum,  supposed  to  have  been  drawn  up  by  Cotton  Mather, 
proposing  that  a  university  be  erected  in  Connecticut  by  a  synod 
called  for  that  purpose,  and  that  it  be  in  fact  and  in  administra- 
tion a  true  school  of  the  churches.  In  a  letter  written  September 
15,  1701,  Increase  Mather  expressed  the  fear  that  the  political 
changes  then  imminent  would  result  in  taking  away  the  govern- 
ment of  the  college  from  those  interested  in  its  establishment. 

Judge  Sewall  and  Secretary  Addington,  of  Massachusetts,  were 
requested  to  suggest  the  form  of  an  act  for  the  establishment  of 
the  new  institution.  In  their  letter,  accompanying  the  draft  of 
such  an  act,  they  declare  that  they  have  delayed  making  recom- 
mendations because  of  "not  knowing  what  to  do  for  fear  of 
overdoing.  And  that  is  the  reason  there  is  no  mention  made  of 
any  visitation,  which  is  exceedingly  proper  and  beneficial;  all 
humane  societies  standing  in  need  of  a  check  upon  them."* 
So  it  is  evident  that  the  relation  of  both  church  and  state  to 
educational  administration  had  been  considered;  and  that,  the 
dangers  of  both  civil  and  eccleciastical  control  were  deliberately 
guarded  against  by  setting  up  an  organization  as  far  as  possible 
independent  of  both  church  and  state,  risking  by  preference  those 
other  dangers  which  might  arise  from  the  non-visitable  character 
of  the  institution.  There  was  shown,  in  all  this,  a  largeness  and 
liberality  of  purpose,  looking  beyond  the  narrower  horizon  of 
those  consulted  for  advice,  which  must  command  the  highest 
respect  of  the  student  of  our  educational  history. 

We  see,  too,  the  significance  of  that  legendary  scene  in  which 
ten  ministers  are  said  to  have  come  together  and  to  have  made  a 
formal  donation  of  books  for  the  founding  of  a  college  in  Con- 
necticut.    It  was  no  empty  tableau,  but  was  instead  the  formal 
>^  act  by  which  the  donors  constituted  themselves  the  founders  of 

the  college.     We  shall  see  that  this  simple  act  was  construed  as 


*  WooLSEY.     Historical  discourse,  August  14,  1850.     Appendix  IV 


Vol.  3]    Brown. — The  Origin  of  American  state  Universities.  9 

having  an  important  bearing  on  the  destinies  of  the  institution  at 
a  critical  period  of  its  history.* 

'previous  to  the  granting  of  the  charter  of  1745,  the  colonial 
legislature  had  made  grants  from  time  to  time  for  the  support  of 
the  institution,  and  such  grants  were  made  annually  thereafter 
up  to  and  including  the  year  1754.  Lotteries  and  collections 
were  also  authorized  by  the  legislature  for  the  benefit  of  the 
college!] 

Forty- five  years  elapsed  between  the  founding  of  this,  the 
third  of  our  American  colleges,  and  the  incorporation  of  its  next 
successor.  This  interim  was  a  time  of  great  significance  in  the 
life  of  the  colonies.  The  first  impetus  given  to  the  higher  inter- 
ests of  the  New  World  by  colonists  who  had  left  the  mother 
country  under  the  stress  of  war  and  persecution,  was  already 
spent.  The  colonies  were  coming  to  live  more  in  themselves,  and 
less  in  an  intimate  intercourse  with  the  Old  World.  They  ifV^ere 
becoming  more  and  more  provincial,  as  well  as  somewhat  more 
American.  Their  education  was  still  bound  up  more  closely  than 
we  can  readily  imagine,  with  their  religious  life.  Within  this 
period,  changes  were  coming  over  that  religious  life,  which  proved 
to  be  of  great  significance.  Two  of  these  should  be  particularly 
mentioned. 

The  Society  for  the  Propagation  of  the  Gospel  in  Foreign 
Parts  was  organized  in  England  in  1701.  It  was  an  organization 
of  the  Established  Church,  and  was  formed  for  the  especial  pur- 
pose of  extending  the  operations  of  that  church  in  the  American 
colonies.  It  sent  clergymen  to  many  colonial  parishes  and  aided 
in  the  support  of  their  ministrations.     It  lent  assistance  also  in 


*It  is  impossible,  however,  to  say  how  much  of  this  is  real  history;  or  how  much 
of  foresight  may  have  been  read  into  the  acts  of  the  founders  by  President  Clap,  in 
his  desire  to  make  the  early  history  of  the  college  consistent  with  his  view  that  the 
legislature  possessed  no  power  of  visitation  in  that  institution.  See  Dexter.  The 
founding  of  Yale  College,  in  Papers  of  the  New  Haven  Colony  Historical  Society^ 
vol.  III.  In  the  same  volume  may  be  found  a  closely  related  article:  Baldwin. 
The  ecclesiastical  constitution  of  Yale  College. 

Before  the  establishment  of  Yale  College,  the  attempt  seems  to  have  been  madei 
under  the  influence  of  Increase  Mather,  in  1692,  to  set  the  corporation  of  Harvard 
College  free  from  all  manner  of  visitation;  but  the  act  of  the  provincial  assembly, 
reincorporating  the  college  in  accordance  with  this  plan,  was  disallowed  by  the 
crown,  as  we  have  seen.     Cf.  Clews,  op.  cit.,  p.  33. 


^ 


10  University  of  California  Publications.         [education 

^  the  establishment  of  schools  and  colleges.  Under  its  leading, 
the  Church  of  England  became  an  aggressive  and  powerful 
agency  in  the  religious  and  educational  development  of  the 
colonies. 

Another  movement  of  tremendous  force  and  volume,  which 
was  felt  less  by  the  Episcopalians  than  by  those  of  other  com- 
munions, was  that  known  as  "The  Great  Awakening. ^'^  This 
was  a  religious  revival,  which,  under  the  lead  of  such  different 
men  as  Jonathan  Edwards  and  George  Whitefield,  swept  over 
the  colonies  from  New  Hampshire  to  Georgia  in  the  second 
quarter  of  the  eighteenth  century.  It  was  a  mighty  upheaval, 
which  left  its  mark  on  American  education  and  theology  and 
ecclesiastical  organization,  and  even  on  American  politics,  for 
long  years  after  its  subsidence.  It  drew  communities  and 
provinces,  remote  from  one  another,  into  close  and  vital  sym- 
pathy. At  the  same  time  it  caused  new  division  and  discord 
everywhere.  By  intensifying  sectarian  differences,  it  contributed 
to  the  breaking  down  of  all  state  establishment  of  religion  in 
this  country.  In  New  England,  it  set  the  "New  Lights"  over 
against  the  "Old  Lights,"  profoundly  disturbing  both  Harvard 
and  Yale  Colleges.  It  virtually  started  the  split  which  finally 
separated  the  Unitarians  from  their  brethren  in  the  Congrega- 
tional churches.  In  the  middle  states  it  divided  the  Presbyterian 
Church  into  two  opposing  camps.      One  of  the  chief  points  of 

]  difference  here  had  to  do  with  the  question  of  the  training  of 
ministers  for  the  Presbyterian  churches;  and  out  of  this  contro- 
versy arose  the  College  of  New  Jersey. 

The  first  charter  of  this  college,  commonly  known  as  Princeton 
College,  now  Princeton  University,  was  granted  in  1746;  but  this 
document  has  long  been  lost  and  only  a  general  summary  of  its 
contents  is  known  to  be  in  existence.  The  second  charter,  which 
with  but  slight  alterations  is  still  in  force,  was  granted  in  the 
name  of  the  king  by  the  royal  governor  of  New  Jersey  in  1748. 
This  instrument  shows  the  infiuence  of  the  Yale  administrative 
system.  It  provided  that  the  governor  of  the  province  should 
be,  ex  officio,  a  member  and  president  of  the  board  of  trustees. 
With  this  exception,  the  board  was  made  a  self-perpetuating 
body.     It  was  to  consist  of  twenty-three  members,  including  the 


Vol.31    Browu. — The  Origin  of  American  State  Universities .         11 

governor,  and  also  the  president  of  the  college,  and  to  be  known 
as  "The  Trustees  of  the  College  of  New  Jersey."  It  is  said  that 
Governor  Belcher,  who  granted  the  second  charter,  earnestly 
sought  to  have  several  members  of  the  colonial  government' 
included,  ex  officio,  in  the  membership  of  the  board.  On  the  other 
hand,  one  of  the  prominent  members  of  the  board,  as  named  by 
the  charter,  strenuously  opposed  the  ex  officio  membership,  even 
of  the  governor.  Of  the  twenty- three  members  of  the  first 
board,  four  were  members  of  the  colonial  Council.  But  these 
were  individual,  and  not  ex  officio,  appointments.  Twelve  of  the 
twenty-three  were  ministers,  and  the  rest  laymen.  All  but  three 
of  the  members  were  Presbyterians.  Three  were  residents  of 
New  York  and  three  of  Pennsj4vania.  It  was  provided  that  a 
majority  of  the  board  must  always  be  residents  of  New  Jersey; 
but  no  provision  was  made  for  rendering  the  predominance  of 
clerical  members  in  the  board  permanent.  And  it  was  expressly 
provided  that  all  religious  denominations  should  be  on  an  equality 
as  regards  the  privileges  of  the  college. 

LThe  only  governmental  aid  which  the  college  received  during 
the  colonial  period  was  in  the  form  of  an  authorization  by  the 
legislature,  in  1762,  "to  raise  by  a  lottery,  a  sum  of  money  for 
the  use  of  said  (?ollegeJ7 

Five  other  colleges  arose  within  the  colonial  period.  A  brief 
summary  of  the  charter  provisions  for  their  administration  will 
help  us  to  understand  the  movement  toward  public  control  which 
set  in  after  the  Revolution. 

The  "  Proprietors  and  Governors  in  Chief"  of  the  Province 
of  Pennsylvania,  in  1753,  granted  through  their  lieutenant 
governor  a  charter  to  "The  Trustees  of  the  Academy  and 
Charitable  School  in  the  Province  of  Pennsylvania."  This 
institution  had  been  erected  through  the  efforts  of  Benjamin 
Franklin  and  other  public  spirited  citizens  of  Philadelphia  whom 
he  had  interested  in  the  enterprise.  The  charter  was  a  concisely 
worded  document,  making  the  board  of  trustees  a  self- perpet- 
uating body  of  twenty-four  members,  with  the  single  limitation 
that  those  members  must  always  be  fit  persons  residing  in  the 
province  of  Pennsylvania  and  within  five  miles  of  the  seat  of 


/ 


12  University  of  California  Publications.        [education 

the  academy.  This  body  was  given  full  control  over  the  affairs 
of  the  institution. 

Two  years  later,  a  confirmatory  charter  was  issued  by  the 
same  authority,  which  enlarged  the  powers  of  this  corporation, 
and  changed  its  designatian  to  "The  Trustees  of  the  College, 
Academy,  and  Charitable  School  of  Philadelphia,  in  the  Province 
of  Pennsylvania."  The  Reverend  William  Smith,  M.A.,  was 
named  in  this  charter  as  the  first  provost  of  the  college,  and  the 
Reverend  Francis  Allison,  M.A.,  as  the*  first  vice-provost,  the 
latter  to  be  also  rector  of  the  academy.  But  it  was  expressly 
provided  that  they  should  hold  their  respective  offices  only 
during  the  pleasure  of  the  trustees.  We  shall  see  in  a  later 
portion  of  this  paper  how  the  college  so  incorporated  grew  into 
the  present  University  of  Pennsylvania. 

Ecclesiastical  purposes  and  influences  had  less  to  do  with  the 
establishment  of  this  institution  than  in  the  making  of  our  other 
colonial  colleges.  The  attempt  was  made  to  secure  in  it  the 
continued  cooperation  of  several  denominations.  The  college 
received  public  aid  in  money,  during  the  colonial  period,  from 
the  city  of  Philadelphia,  and  from  the  king  and  the  proprietaries 
of  the  province.  It  also  received  a  gift  of  about  2500  acres  of 
land  from  one  of  the  proprietaries.  The  king,  by  an  order  in 
council,  authorized  a  collection  throughout  the  kingdom  for  the 
benefit  of  the  institution.  The  colonial  legislature  seems  to  have 
extended  aid  only  by  way  of  authorizing  lotteries  for  its  benefit. 

The  legislature  of  New  York  began,  in  1746,  the  authorization 
of  a  series  of  lotteries  to  raise  money  for  the  establishment  of  a 
college  in  that  colony.  In  1751  an  act  was  passed  vesting  the 
moneys  which  had  been  raised  in  this  way,  and  any  others  which 
might  be  received  for  the  same  purpose,  in  a  board  of  trustees. 
Two  years  later,  £500  a  year  of  the  excise  revenue  was  set  apart 
for  this  purpose.  The  trustees  who  had  been  charged  with  the 
administration  of  this  fund  petitioned  the  governor  of  the  colony 
for  a  charter  for  the  proposed  college.  The  governor  accordingly 
issued  a  charter,  in  the  name  of  the  king,  bearing  date  of  October 
31,  1754.  The  college  was  then  known  as  King's,  but  after  the 
Revolution  as  Columbia.     The  granting  of  this  charter  was  the 


Vol.  3]    Brotvn. — The  Origin  of  American  state  Universities.         13 

occasion  of  one  of  the  hottest  disputes  known  in  the  history  of 
the  colony.  We  shall  have  occasion  later  to  consider  the  opposing 
views  which  thus  came  into  prominence.  For  the  present,  it  is 
enough  to  note  the  most  significant  provisions  of  the  charter 
itself. 

The  corporation  which  it  constituted  was  entitled  "  The  Gov-  • 
ernors  of  the  College  of  the  Province  of  New  York,  in  the  City 
of  New  York,  in  America."  This  board  was  made  to  consist  of 
seventeen  or  more  civil  and  ecclesiastical  functionaries,  holding 
their  membership  in  the  board  ex  officio;  and  twenty-four 
appointed  members,  all  vacancies  in  this  last-named  number 
being  filled  by  vote  of  the  remaining  members.  Samuel  Johnson, 
Doctor  of  Divinity,  was  named  as  the  first  president,  to  hold  his 
office  during  good  behavior.  It  was  provided  that  the  president 
"shall  forever  hereafter  be  a  member  of,  and  in  communion  with 
the  Church  of  England."  He  was  included  among  the  members 
ex  officio  of  the  board  of  governors.  There  were  six  other 
ecclesiastical  members,  ex  officio,  namely,  the  Archbishop  of^^ 
Canterbur3%  the  rector  of  Trinity  Church  in  New  York,  and  the 
ministers  of  four  nonconformist  congregations  in  that  city.  The 
First  Lord  Commissioner  for  Trade  and  Plantations  led  the  list 
of  civil  dignitaries  entitled  to  a  place  on  this  board,  and  a  number 
of  colonial  and  municipal  officials  followed. 

This  body  was  given  absolute  control  of  the  affairs  of  the 
college,  it  being  expressly  provided  that  no  other  person  or  per- 
sons should  exercise  any  power  of  visitation  in  the  institution. 
The  use  of  the  liturgy  of  the  Church  of  England  was  made 
obligatory,  but  it  was  provided  that  no  person  of  any  religious 
denomination  should  be  excluded  from  an  equal  share  in  the 
liberties  and  benefits  of  the  institution  "on  account  of  his  par- 
ticular tenets  in  matters  of  religion."  A  supplemental  charter 
was  issued  in  1755,  providing  for  the  appointment  in  the  college 
of  a  professor  of  divinity  of  the  Reformed  Dutch  Church. 

After  a  fierce  fight,  the  legislature  of  the  colony,  in  1756, 
divided  the  money  which  had  been  raised  by  lotteries  for  the 
benefit  of  the  college  into  two  equal  parts,  one  of  which  was 
turned  over  to  the  governors  of  the  college  for  the  use  of  that 
institution,  while  the   remainder  was   devoted  to  other  public 


14  University  of  California  Publications.         [education 

purposes.  The  college  received  the  excise  moneys  which  had 
been  voted  for  its  use  in  1753,  but  seems  to  have  had  no  other 
assistance  from  the  public  treasury  of  the  colony.  This  college 
was  included  in  the  king's  order  in  council  providing  for  a 
contribution  for  the  College  of  Philadelphia,  and  the  contri- 
bution of  the  king  himself  was  twice  as  large  as  that  which  he 
made  for  the  other  institution. 

The  institution  now  known  as  Brown  University  was  incor- 
porated by  the  general  assembly  of  Rhode  Island  in  1764,  as  the 
"Trustees  and  Fellows  of  the  College  or  University,  in  the  Eng- 
lish Colony  of  Rhode  Island  and  Providence  Plantations,  in  New 
England,  in  America."  This  corporation  was  divided  into  two 
branches,  the  trustees  and  the  fellows.  The  fellowship  was 
declared  to  be  "a  learned  faculty."  It  was  given  full  control 
of  the  instruction  and  immediate  government  of  the  college,  and 
of  the  granting  of  academic  degrees.  It  was  also  authorized 
to  nominate  tutors  and  other  subordinate  officers,  and  to  make 
laws  and  regulations  for  the  ordering  of  instruction  and  govern- 
ment in  the  college,  subject  always  to  the  approval  of  the  trustees. 
The  "joint  concurrence  of  the  trustees  and  fellows,"  was  made 
necessary  to  the  validity  of  all  other  acts  of  the  corporation. 
There  were  to  be  thirty-six  trustees,  of  whom  twenty-two  must 
always  be  Baptists,  and  the  remaining  fourteen  be  distributed,  in 
specified  proportions,  among  the  Quakers,  Congregationalists, 
and  Episcopalians.  The  fellows  were  to  be  twelve  in  number, 
including  the  president;  and  that  officer  and  seven  others  of  the 
number  must  be  Baptists,  the  rest  being  chosen  indifferently  from 
any  or  all  denominations.  '  Absolute  freedom  of  religion  within 
the  institution  was  guaranteed.  Certain  exemptions  from  tax- 
ation were  granted  in  the  charter,  but  otherwise  the  institution 
seems  to  have  received  no  assistance  from  the  general  assembly 
within  the  colonial  period. 

The  college  now  known  as  Rutgers  was  established  uflder  the 
name  of  Queen's  College  by  a  charter  issued  in  1766.  This  charter 
has  been  lost  and  no  copy  of  it  seems  to  have  been  preserved. 
A  new  charter  was  issued  by  the  royal  governor  of  New  Jersey, 


Vol.  3j    Brown.  —  The  Origin  of  American  state  Universities .         15 

in  the  name  of  the  king,  in  1770.  This  charter  ineorporated  the 
"Trustees  of  Queen's  College,  in  New  Jersey."  This  board  of 
forty-one  members  was  made  a  self-perpetuating  body,  except  that 
four  of  the  chief  civil  officers  of  the  colony  were  made  members 
ex  officio.  Not  more  than  one-third  of  the  trustees  might  be 
ministers  of  the  gospel.  The  governor  or  one  of  the  other  mem- 
bers ex  officio  was  to  preside,  if  present,  at  meetings  of  the  board. 
The  president  must  be  a  member  of  the  Dutch  Reformed  Church. 

It  would  not  be  easy  to  find  anything  more  romantic  in  the 
history  of  American  education  than  were  the  beginnings  of  Dart- 
mouth  College.  For  our  present  purpose,  we  must  not  stop  for  v 
any  account  of  Eleazar  Wheelock's  school  for  Indians  in  Con- 
necticut, nor  of  the  mission  of  the  Indian  preacher,  Samson 
Occum,  to  England,  nor  of  the  steps  which  led  up  to  the  final 
transplanting  of  this  Connecticut  school  into  the  wilds  of  western 
New  Hampshire,  where  it  was  transformed  into  a  college  for  red 
men  and  white  men  together. 

The  charter  on  which  the  college  was  established  was  issued 
by  the  governor  of  New  Hampshire  in  the  name  of  King  George 
the  Third,  in  the  year  1769.  It  erected  a  corporation  to  be  known 
as  "The  Trustees  of  Dartmouth  College,"  twelve  in  number.  The 
governor  of  New  Hampshire  was  made,  ex  officio,  a  trustee.  With 
this  exception,  the  board  was  made  a  self -perpetuating  body. 
Eight  of  the  number  must  be  "resident  and  respectable  free- 
holders" of  New  Hampshire,  and  seven  must  be  laymen.  Dr. 
Wheelock  was  made  a  trustee  and  president  of  the  college  with 
power  to  appoint  his  successor,  by  will.  The  successor  so 
appointed  by  him  should  be  president  of  the  college  until  "  disap- 
proved" by  the  trustees.  This  is,  so  far  as  I  know,  the  only  //^ 
instance  of  an  hereditary  presidency  in  the  history  of  American 
education,  and  it  turned  out  much  as  our  present  knowledge  of 
the  American  disposition  would  lead  us  to  expect. 

It  was  provided  further  that  no  person  of  any  religious  denom- 
ination whatsoever  should  be  excluded  from  participation  in  the 
liberties  and  advantages  of  the  college  on  account  of  his  "specu- 
lative sentiments  in  religion."  The  college  received  considerable 
aid  from  the  province  of  New  Hampshire,  before  the  Revolution, 


16  University  of  California  Publications.         [education 

iu  the  form  of  grants  of  public  lands,  and  in  1773  a  direct  sub- 
sidy of  £500  for  the  erection  of  a  new  building. 

Such,  in  brief,  is  the  administrative  history  of  our  colonial 
colleges.  There  were  nine  of  them — one  for  each  of  the  muses, 
as  Professor  Hinsdale  used  to  say.  Nearly  all  of  them,  perhaps 
the  whole  nine,  were  established  primarily  for  a  religious  pur- 
pose— to  train  up  a  body  of  learned  and  godly  ministers;  though 
as  a  secondary  consideration  they  were  expected  to  serve  other 
ends.  President  Thomas  Clap,  in  a  pamphlet  published  in  1754, 
declared  that  "Colleges  are  Societies  of  Ministers,  for  training  up 
Persons  for  the  Work  of  the  Ministry;"  and  he  add^,  speaking 
of  Yale  College,  "The  great  design  of  founding  this  School,  was, 
to  Educate  Ministers  in  our  oivn  Way." 

But  as  the  Revolutionary  period  drew  on,  the  position  of  such 
strongly  ecclesiastical  institutions  as  these  became  less  secure. 
The  population  of  the  colonies  was  becoming  more  and  more 
diversified  as  regards  religious  associations.  No  single  province 
continued  to  be  homogeneous  in  its  profession  of  faith,  whatever 
it  may  have  been  at  the  outset.  This  growing  diversity  of 
religious  belief  has  been  one  chief  cause  for  the  movement  in 
modern  societies  toward  a  separation  of  church  and  state.  Such 
connection  as  there  had  been  between  church  and  state  in  most 
of  the  colonies,  was  accordingly  weakened.  The  Society  for  the 
Propagation  of  the  Gospel  was  unifying  the  forces  of  the  Church 
of  England,  but  was  at  the  same  time  raising  up  a  determined 
and  bitter  opposition  on  the  part  of  those  who  feared  the  estab- 
lishment of  the  Episcopacy.  The  dissension  produced  in  many 
communities  and  in  more  than  one  communion  by  the  "Great 
Awakening,"  continued  to  breed  strife  and  heresies.  Under  such 
circumstances,  a  college  could  not  be  at  the  same  time  the 
accepted  representative  of  both  church  and  state;  and  those 
who  were  solicitous  for  the  interests  of  the  colleges  looked 
with  favor  on  a  simple  and  compact  form  of  college  con- 
trol which  would  make  it  possible  for  those  institutions  to 
keep  steadily  on  their  course,  in  a  manner  consistent  with 
their  most  cherished  traditions,  and  undisturbed  by  the  warring 
of  factions  in  the  commonwealth.     The  close  corporation  met 


Vol.  3]    Brown. — The  Origin  of  American  State  Universities.         17 

this  need,  along  with  many  others,  and  it  became  the  standard 
type  of  college  organization,* 

At  the  same  time  there  was  growing  up  a  widespread  distrust 
of  the  colleges  as  then  conducted.     This  took  many  forms,  and 
was  shared  by  men  of  the  most  diverse  political  and  religious 
convictions.     But  it  all  came  back  virtually  to  this:     That  no 
]|  one  of  the  colleges  fully  answered  the  public  need  as  regards 
I'  higher  education.     Every  one  of  them  was  the  college  of  a  fac- 
tion, or  a  section,  or  a  sect,  within  the  commonwealth,  and  failed 
^  therefore  to  be  a  college  of  the  commonwealth  in  its  entirety. 
The  democratic  spirit,  which  had  been  rising,  very  slowly,  since 
the  beginning  of  the  eighteenth  century,  and  the  interest  in  civic  ^  ^ 
affairs^)  which  increased  rapidly  as  the  Revolution  drew  on.  both 
tended  to  accentuate  this  feeling  of  distrust.     It  was  much  more 
pronounced  in  the  case  of  some  colleges  than  in  that  of  others, 
but  none  of  them  seems  to  have  escaped  it  entirely. 

As  this  feeling  rose  to  self-consciousness,  there  appeared  two 
ways  in  which  it  might  find  adequate  expression;  two  ways  in 
which  colleges  might  be  made  to  answer  the  common  need  in  this 
matter  of  higher  education:  First,  the  commonwealth  might, 
through  the  agencies  of  government,  assume  and  exercise  the 
right  of  visitation  in  the  existing  institutions,  or  even  if  need  be, 
compel  those  institutions  to  submit  to  changes  in  their  charters 
which  should  render  them  more  serviceable  to  society  in  its 
organic  wholeness  and  unity;  or  secondly,  it  might  ignore  the 
existing  colleges,  regarding  their  case  as  hopeless,  and  proceed 
to  erect  new  institutions,  so  organized  and  administered  as  to 
meet  the  highest  demands  of  public  responsibility.  The  legal 
status  of  educational  corporations  was  not  then  so  well  defined  as 
now;  and  the  constitution  of  the  United  States,  with  its  provision 
safeguarding  the  obligation  of  contracts,  was  not  yet  in  existence. 
So  it  is  not  strange  that  the  first  of  these  two  courses  seemed 
much  more  practicable  than  the  other.     We  shall  see  that  it  was 


*It  is  hardly  necessary  to  call  attention  to  the  fact  that  the  close  corporation  is  a 
form  of  organization  much  older  than  Yale  College.  Among  American  precedents 
may  be  cited  the  act  for  the  establishment  of  the  King  William  School  at  Annapolis 
in  1696  (c/.  Clews.  Op.  cit.,  pp.  415-422);  and  the  provision  for  self-perpetuating 
vestries  in  the  parishes  of  Virginia,  contained  in  the  code  of  1662  (Bancroft. 
History  of  the  United  States,  vol.  I,  p.  447,  in  the  edition  of  1892). 

Educ'n.— 2 


18  University  of  California  Publications.         [education 

first  tried,  in  a  very  thorough  manner,  and  not  till  it  had  signally 
failed  did  the  movement  for  the  establishment  of  state  universi- 
ties acquire  any  sort  of  headway.  The  question  of  public  control 
1/  is  to  be  kept  separate  from  that  of  public  support.  Yet  the  two 
are  intimately  connected.  Institutions  of  learning  have  more 
than  once  been  led  to  accept  the  larger  responsibility,  through  the 
difficulty  of  maintenance  as  representatives  of  a  party  or  faction. 

Even  before  the  Revolution,  the  two  possible  courses  of  pro- 
cedure had  both  been  distinctly  considered;  and  attempts  had 
been  made  to  carry  both  into  execution,  but  with  no  sort  of  suc- 
cess in  either  case.  We  will  consider  briefly  these  colonial  efforts. 
They  help  us  to  understand  the  case  as  it  appeared  when  the 
newly  liberated  states  began  to  deal  with  this  problem. 

We  have  seen  that  Governor  Belcher  endeavored  to  secure 
several  ex  officio  memberships  in  the  board  of  trustees  of  Prince- 
ton College,  for  members  of  the  colonial  government — a  thing 
which  Governor  Franklin  accomplished  later  in  the  case  of 
Queen's  College.  Such  provisions  must  be  regarded,  however, 
as  of  more  formal  than  practical  importance.  Of  greater  signifi- 
cance, was  the  claim  of  King  William  to  the  right  of  visitation 
of  Harvard  College  through  the  royal  governor — a  claim  which 
wrecked  the  new  charters  proposed  for  that  institution  in  1692 
and  1697;  and  perhaps,  also,  that  of  the  year  1700.  The  two 
proposals  last  named  provided  for  visitation  by  the  governor  and 
council,  but  this  provision  was  not  accepted.  Even  before  this 
time,  the  General  Court  of  the  colony  had  attempted,  in  1672,  to 
force  a  new  charter  upon  the  college  without  the  consent  of  the 
Corporation,  but  this  charter  seems  never  to  have  been  recog- 
nized as  valid.  Just  seventy  years  later,  in  1742,  an  aggrieved 
tutor,  who  was  unable  to  get  any  satisfaction,  from  either  the 
Corporation  or  the  Overseers,  appealed  to  the  General  Court,  and 
also  published  a  pamphlet  in  whi(;h  he  undertook  to  show  that 
the  power  of  visitation  resided  in  the  legislature.  He  was  unsuc- 
cessful in  his  appeal,  but  it  is  not  clear  that  the  question  which 
he  raised  was  definitely  decided. 

But  the  most  notable  attempt  in  colonial  times  to  subject  an 
educational  close    corporation   to  direct  governmental  control, 


Vol.  3]    Brown. — The  Origin  of  American  State  Universities.         19 

occurred  in  Connecticut.  In  the  middle  of  the  eighteenth  century, 
Yale  College  wars  under  the  leadership  of  President  Clap,  a  man 
of  marked  ability,  but  personally  unpopular.  The  conflict  between 
the  "New  Lights"  and  the  "Old  Lights"  was  then  raging  in 
Connecticut.  Yale  College  was  a  stronghold  of  the  earlier  ortho- 
doxy, though  it  gradually  drew  nearer  to  the  New  Light  party.  It 
seems,  under  President  Clap's  leadership,  to  have  gained  to  a  large 
extent  the  ill-will  of  both  sides  in  this  controversy.  Partly  in 
consequence  of  this  hostility,  the  annual  donations  to  the  college  J 
from  the  colonial  treasury  were  discontinued  after  1754.  It  is  said 
that  from  1758  to  1763,  "four  distinct  appeals  were  made  to  the 
legislature,  through  the  fellows,  the  graduates  and  the  students 
of  the  College,"  to  inquire  into  and  rectify  abuses  in  the  manage- 
ment of  the  institution.  One  act  of  the  college  authorities  was 
represented  as  being,  "an  infringement  on  the  order  and  rights 
of  the  regular  churches,  .  .  .  and  a  daring  affront  to  legislative 
power."*  Finally  the  trouble  culminated  in  a  formidable  memo- 
rial, presented  to  the  legislature  in  1763. 

In  this  it  was  declared  that  the  general  assembly  was  the 
founder  of  the  college,  inasmuch  as  it  had  granted  the  original 
charter,  in  1701;  and  in  that  charter  had  bestowed  a  grant  of 
about  sixty  pounds  sterling,  besides  making  subsequent  donations 
in  money  and  lands.  The  present  general  assembly,  it  was 
asserted,  possessed  the  right  of  visitation  under  the  common  law, 
as  successor  to  the  founder;  and  there  was  need  that  this  right  be 
exercised  in  the  then  present  emergency,  to  preserve  the  good 
order  of  the  college  in  several  respects,  and  particularly  as  regards 
orthodoxy  in  religion. 

President  Clap  himself  undertook  the  reply  to  this  memorial. 
He  declared  that  the  legislature  had  the  same  authority  over  the 
college  as  over  other  persons  and  estates  in  the  colony,  but  that 
it  did  not  possess  the  right  of  visitation ,  because  the  act  of  incor-  7— 
poration  and  the  gift  of  public  funds  which  accompanied  it  did 
not  found  the  institution.  It  had  existed  in  fact  before  it  possessed 
a  charter,  and  donations  of  books,  money,  and  land  had  already 
been  made  to  it.  The  founders  were  those  ministers  who  had 
made  a  large  and  formal  donation  of  books  for  its  establishment. 

*  Clews.  Op.  cit.,  p.  159. 


4 


20  University  of  California  Publications.         [education 

This  fact  was  recognized  in  the  act  of  1701,  which  looked  upon 
the  institution  as  already  founded,  and  merely  gave  the  trustees 
legal  authorization  to  proceed  with  the  erection  of  the  school. 
Besides,  the  preamble  of  the  charter  of  1745  expressly  said  that 
the  first  trustees  had  founded  the  school.  It  was  shown  that  it 
would  be  detrimental  to  the  orderly  management  of  the  college  if 
some  body  of  visitors  other  than  the  trustees  were  set  up,  to  whom 
any  aggrieved  person  might  appeal  from  a  decision  of  the  ordi- 
nary college  authorities.  And  as  regards  orthodoxy,  it  was  urged 
that  the  president  and  fellows  had  taken  better  precautions  than 
might  be  expected  continuously  from  any  other  body  of  visitors 
which  the  legislature  might  constitute.* 

This  reply  was  backed  up  with  ample  citations  from  the  most 
eminent  legal  authorities.  It  is  evident  that  it  commanded  the 
respect  of  thoughtful  men  in  the  colony,  as  it  has  of  competent 
jurists  of  later  times.  It  put  an  end  to  the  efforts  to  secure  legis- 
lative interference  in  the  affairs  of  the  college.  And  it  may  be 
added  that  substantially  the  same  ground  as  that  taken  by  Presi- 
dent Clap,  was  taken  by  the  Supreme  Court  of  the  United  States 
in  the  Dartmouth  College  case,  half  a  century  later. 

The  other  possible  way  to  public  control,  that  of  founding 
new  institutions  directly  responsible  to  the  government,  was 
clearly  formulated  before  the  colonies  became  independent,  and  a 
strong  effort  was  made  to  have  this  plan  put  on  its  trial.  It 
happened  in  connection  with  the  founding  of  King's  College,  in 
New  York.  The  funds  first  secured  for  the  establishment  of  this 
institution  were  raised,  as  has  been  said,  under  the  authority  of 
the  colonial  legislature.  When  the  time  came  to  begin  the  actual 
organization  of  the  college,  it  was  proposed  that  it  be  established 
by  royal  charter.  The  corporation  of  Trinity  Church  offered  to 
bestow  on  the  institution  a  tract  of  land,  attaching  certain  eccle- 
siastical conditions  to  the  gift.  It  was  proposed  that  this  gift  be 
accepted,  and  the  conditions  be  embodied  in  the  charter.  The 
plan  aroused  violent  opposition,  which  was  led  by  William 
Livingston. 

*The  text  of  this  argument  has,  I  believe,  never  been  printed.  I  have  followed 
President  Clap's  own  sunamary  of  it  as  given  in  his  Annals  or  history  of  Yale- 
College. 


Vol.  3j    Brown. — The  Origin  of  American  state  Universities.         21 

This  gentleman  was  a  prominent  member  of  the  well-known 
New  York  family  of  that  name,  the  proprietors  of  the  Livingston 
Manor.  He  had  been  educated  at  Yale  College.  It  is  said  that, 
a  few  years  previous  to  the  time  we  are  considering,  there  were  in 
the  whole  province  of  New  York  only  ten  persons,  not  in  holy 
orders,  who  had  received  a  collegiate  education;  and  four  of  these 
were  the  brothers  Livingston.  William  Livingston  was  an  able 
lawyer,  a  moderate  Presbyterian,  an  uncompromising  patriot. 
Like  many  American  Presbyterians  of  his  time,  he  was  stren- 
uousl}'  opposed  to  any  union  of  church  and  state.  He  became 
one  of  the  most  vigorous  opponents  of  the  movement  for  the 
establishment  of  an  American  episcopate.  His  aristocratic  ante- 
cedents did  not  prevent  him  from  developing  at  an  early  period 
a  strongly  democratic  spirit.  He  removed  to  New  Jersey,  and 
when  that  colony  became  a  state,  he  was  elected  its  first  governor 
under  the  new  order  of  things.  By  repeated  election,  he  was 
continued  in  this  office  up  to  the  time  of  his  death,  in  1790. 

I  have  spoken  thus  particularly  of  Governor  Livingston  for 
the  reason  that  the  earliest  distinct,  American  utterance  in  favor 
of  state  control  of  the  higher  education  which  I  have  been  able 
to  find,  appears  in  some  of  his  writings.  At  the  time  when  the 
first  steps  were  taken  toward  securing  a  royal  charter  for  King's 
College,  Mr.  Livingston  was  editing  The  Independent  Reflector  in 
the  city  of  New  York.  This  was  a  four-page  folio,  devoted  to 
the  discussion  of  various  questions  of  public  interest.  It  served 
as  a  sort  of  periodical  pamphlet,  such  as  the  eighteenth  century 
abounded  in.  The  greater  part  of  the  weekly  issue  of  this  sheet 
seems  to  have  been  written  by  Livingston  himself,  though  some 
articles  were  undoubtedly  contributed  by  various  members  of  his 
coterie.  The  paper  continued  for  only  fifty- two  numbers,  in 
1752-53.  It  treated  of  many  topics,  but  is  especially  noteworthy 
because  of  what  it  had  to  say  on  the  subject  of  the  new  college. 

The  topic  was  first  taken  up  in  the  seventeenth  number  of 
the  paper.  "The  true  use  of  education,"  says  the  writer,  "is  to 
qualify  men  for  the  different  employments  of  life  to  which  it 
may  please  Cod  to  call  them.  'Tis  to  improve  their  hearts  and 
understandings,  to  infuse  a  public  spirit  and  love  of  their 
Country;    to  inspire    them   with   the   principles  of   honor   and 


J. 


22  University  of  California  Publications.        [education 

probity;  with  a  fervent  zeal  for  liberty,  and  a  diffusive  benevo- 
lence for  mankind;  and  in  a  word,  to  make  them  more  extensively 
serviceable  to  the  Commonwealth." 

He  insists  that  the  kind  of  education  that  is  given  will 
inevitably  affect  the  common  weal:  that  no  sort  of  higher 
4  education  can  possibly  be  a  merely  private  concern.  This  is 
one  of  the  most  striking  features  of  his  argument.  "The  conse- 
quences of  a  liberal  education,"  he  says,  "will  soon  be  visible 
throughout  the  whole  Province.  They  will  appear  on  the  bench, 
at  the  bar,  in  the  pulpit,  and  in  the  senate,  and  unavoidably 
affect  our  civil  and  religious  principles."  Again  and  again,  in 
later  issues,  he  comes  back  to  this  central  thought,  and  hammers 
it  in  with  all  his  might. 

In  the  eighteenth  number  he  proceeds,  "to  offer  a  few  argu- 
ments, ...  to  evince  the  necessity  and  importance  of 
constituting  our  college  upon  a  basis  the  most  catholic,  generous 
and  free."  "The  extensive  influence  of  such  a  seminary,"  he 
says,  "I  have  already  shown  in  my  last  paper.  And  have  we 
.not  reason  to  fear  the  worst  effects  of  it,  where  none  but  the 
principles  of  one  persuasion  are  taught,  and  all  others  depressed 
and  discountenanced?"  Such  an  institution  he  calls  a  "party- 
college."  A  college  erected  in  the  interest  of  any  party  is  a 
menace  to  public  interests,  and  most  of  all  a  college  erected  in 
the  interest  of  any  ecclesiastical  body.  "A  party-college,  in  less 
than  half  a  century,  will  put  a  new  face  upon  the  religion,  and 
in  consequence  thereof  affect  the  polities  of  the  country.  .  .  . 
Whatever  others  may  in  their  lethargy  and  supineness  think  of 
the  project  of  a  party- college,  I  am  convinced  that  under  the 
management  of  any  particular  persuasion,  it  will  necessarily 
prove  destructive  to  the  civil  and  religious  rights  of  the  people." 
Such  an  institution  the  college  of  the  colony  would  inevitably 
be,  if  established  by  charter,  as  was  proposed. 

In  the  nineteenth  number  he  continues  the  discussion  of 
the  dangers  attendant  upon  the  incorporation  of  the  college  by 
royal  charter.  In  the  twentieth,  he  proposes  his  alternative 
for  this  procedure.  "I  would  first  establish  it  as  a  truth," 
says  Mr.  Livingston,  "that  societies  have  an  indisputable  right 
to  direct  the  education  of  their  youthful  members."    This  sounds 


Vol.  3]    Brown. — The  Origin  of  American  state  Universities.         23 

strangely  like  an  utterance  of  La  Chalotais  in  the  Essai  d^  educa- 
tion nationale,  ten  years  later  than  this.  But  the  idea  was 
already  abroad  in  France;  and  it  is  possible  that  Mr.  Livingston, 
who  read  French,  may  have  been  familiar  with  the  advanced  yC 
French  thought  of  the  time  upon  this  subject.  He  continues, 
"If  .  .  .  it  belongs  to  any  to  inspect  the  education  of  youth, 
it  is  the  proper  business  of  the  public,  with  whose  happiness  u 
their  future  conduct  in  life  is  inseparably  connected,  and  by 
whose  laws  their  relative  actions  will  be  governed.  .  .  .  Let 
it  [the  college]  not  be  made  the  portion  of  a  party,  or  private 
set  of  men,  but  let  it  merit  the  protection  of  the  public."  Those 
who  ask  to  be  given  direction  of  the  higher  education  of  the 
commonwealth,  he  adds,  "ask  no  less  considerable  a  boon,  than 
absolute  universal  dominion." 

"Instead  of  a  charter,"  he  goes  on  to  say,  "I  would  propose, 
that  the  college  be  founded  and  incorporated  by  act  of  Assembly, 
and  that  not  only  because  it  ought  to  be  under  the  inspection  of  >^ 
the  civil  authority;  but  also,  because  such  a  constitution  will  be 
more  permanent,  better  endowed,  less  liable  tcy^abuse,  and  more 
capable  of  answering  its  true  end."  Again,  "JShould  the  college 
be  founded  by  an  act  of  Assembly,  the  legislature  would  have  it 
in  their  power,  to  inspect  the  conduct  of  its  governors,  to  divest 
those  of  authority  who  abused  it,  and  appoint  in  their  stead, 
friends  of  the  cause  of  learning,  and  the  general  welfare  of  the 
province.  Against  this,  no  bribes,  no  solicitations  would  be 
effectual:  no  sect  or  denomination  plead  an  exemption:  but  as 
all  parties  are  subject  to  their  authority,  so  would  they  all  feel 
its  equal  influence  in  this  particular."  This  confidence  in  the 
infallibility  of  elected  legislatures,  seems  to  have  been  charac- 
teristic of  the  rising  democratic  sentiment  of  the  time.  "We  are 
certain,"  Mr.  Livingston  continues,  "that  an  act  of  Assembly 
must  be  unexceptionable  to  all;  since  nothing  can  be  inserted  in 
it,  but  what  any  one  maj^  except  against."  • 

The  twenty-first  number  of  the  Independent  Reflector  is 
perhaps  the  most  important  of  all,  for  in  this  a  complete  plan 
for  the  organization  of  a  college  under  public  control  is  offered 
in  outline.  In  the  interest  of  brevity,  I  shall  quote  only  portions 
of  six  of  the  eleven  sections  under  which  this  plan  is  presented. 


24  University  of  California  Publications.         [education 

It  is  proposed,  "First:  That  all  the  trustees  be  nominated, 
appointed,  and  incorporated  by  the  act  [of  Assembly] ,  and  that 
whenever  an  avoidance  among  them  shall  happen,  the  same  be 
reported  by  the  Corporation  to  the  next  sessions  of  Assembly, 
and  such  vacancy  be  supplied  by  legislative  act.  That  they  hold 
their  offices  only  at  the  good  pleasure  of  the  Governor,  Council 
and  General  Assembly.  And  that  no  person  of  any  Protestant 
denomination  be,  on  account  of  his  religious  persuasion,  disquali- 
fied for  sustaining  any  office  in  the  college." 

"  Secondly  :  That  the  President  of  the  college  be  elected  and 
deprived  by  a  majority  of  the  trustees,  and  all  the  inferior  officers 
by  a  majority  of  the  trustees  with  the  President:  and  that  the 
election  and  deprivation  of  the  President  be  always  reported  by 
the  trustees,  to  the  next  session  of  Assembly,  and  be  absolutely 
void,  unless  the  acts  of  the  trustees  in  this  matter,  be  then  con- 
firmed by  the  legislature. 

"By  this  means  the  President,  who  will  have  the  supreme 
superintendency  of  the  education  of  our  youth,  will  be  kept  in  a 
continual  and  ultimate  dependence  upon  the  public;  and  the 
wisdom  of  the  province  being  his  only  support,  he  will  have  a 
much  greater  security,  in  the  upright  discharge  of  his  duty,  than 
if  he  depended  solely  upon  the  trustees " 

"  The  Fifth  Article  I  propose  is,  that  no  religious  profession 
^        in  particular  be  established  in  the  college ;     .     .     . 

"To  this  most  important  head,  I  should  think  proper  to 
subjoin, 

"Sixthly:  That  the  whole  college  be  every  morning  and 
evening  convened  to  attend  public  prayers,  to  be  performed  by 
the  President,  or  in  his  absence,  by  either  of  the  fellows;  and 
that  such  forms  be  prescribed  and  adhered  to  as  all  Protestants 
can  freely  join  in," 

"Seventhly:  That  divinity  be  no  part  of  the  public  exer- 
cises of  the  college,  I  mean  that  it  be  not  taught  as  a  science; 
\^  that  the  corporation  be  inhibited  from  electing  a  divinity 
professor;  and  that  the  degrees  to  be  conferred,  be  only  in  the 
arts,  physic,  and  the  civil  law." 

"Eighthly:  That  the  officers  and  collegians  have  an  unre- 
_^      strained  access  to  all  books  in  the  library,  and  that  free  conver- 


Vol.31    Broivn.  —  The  Origin  of  American  State  Universities.         25 

sation  upon  polemical  and  controverted  points  in  divinity,  be 
not  discountenanced;  whilst  all  public  disputations  upon  the 
various  tenets  of  diiferent  professions  of  Protestants,  be  abso- 
lutely forbidden." 

We  see  that  this  radical  innovator  did  not  go  so  far  in  the 
way  of  a  separation  between  education  and  religion,  as  current 
practice  had  gone  long  before  the  close  of  the  nineteenth  century. 
His  eighteenth  century  faith  in  the  infallibility  of  representative 
governments  is  matched  by  his  confidence  that  a  ritual  might 
be  devised  for  college  purposes  which  would  satisfy  all  of  the 
warring  sects  of  that  time .  By  way  of  illustration ,  he  even  devoted 
one  number  of  his  paper  to  a  form  of  prayer  which  he  had  devised 
for  this  purpose,  composed  almost  wholly  of  passages  from  the 
Bible. 

This  remarkable  series  of  papers  culminated,  in  the  twentj^- 
second  number,  in  an  impassioned  and  declamatory  appeal  to  the 
colonists  to  prevent  the  advocates  of  the  charter  college  from 
accomplishing  their  purpose.  By  this  time  a  great  war  of  dispu- 
tation had  been  stirred  up.  Tlie  taverns,  the  coffee-houses,  and 
the  newspapers,  were  alive  with  the  subject.  As  we  have  seen, 
the  objectors  were  unsuccessful  in  the  attempt  to  prevent  the 
issuance  of  the  charter.  But  after  the  college  had  been  incorpor- 
ated, they  brought  in  a  bill  in  the  legislature,  providing  for  the 
establishment  of  a  rival  institution,  along  the  lines  proposed  in 
the  Independent  Reflector.  But  little  is  known  of  the  fortunes  of 
this  bill;  but  the  upshot  of  the  whole  affair  was  a  compromise, 
already  referred  to,  under  which  only  half  of  the  money  which 
had  been  raised  by  lotteries  for  a  college  went  to  the  chartered 
institution,  the  remainder  being  used  to  build  a  pest-house  and 
a  jail.  Mr.  Livingston  raised  his  voice  in  jubilation  over  this 
result. 

So  the  two  obvious  methods  of  making  the  higher  education 
a  truly  public  education,  had  both  been  seriously  proposed  before 
the  Revolution,  but  neither  one  of  the  two  had  as  yet  been  fairly 
tried.  Independence  brought  with  it  momentous  changes,  which 
were  to  have  great  influence  in  the  shaping  of  our  educational 
systems.     There  came  a  great  increase  of  civic  pride  and  of  interest 


26  University  of  California  Publications.         [education 

in  political  affairs.*  Democracy  was  steadily  advancing,  though 
still  far  behind  that  democracy  with  which  we  are  familiar. 
There  were  men  of  unusual  ability  among  our  political  leaders, 
and  they  felt  the  full  sense  of  newness  and  promise  in  the  situ- 
ation of  the  new  states.  They  realized  that  independence  could 
be  maintained  here  only  under  a  democratic  system  and  that 
democracy  could  be  maintained  only  by  educated  intelligence  and 
integrity.  In  their  schemes  of  government,  accordingly,  educa- 
tion held  a  prominent  place;  public  education,  too, — instruction 
considered  as  an  affair  of  the  state. 

It  was  at  this  time  that  the  project  of  a  national  university 
came  to  be  seriously  considered.  Washington,  at  Cambridge,  in 
1775,  with  a  part  of  his  little  army  quartered  in  the  ruinous  build- 
ings of  Harvard  College,  had  declared  his  hope  and  confidence 
that  such  a  university  would  some  time  come  into  existence. 
Charles  Pinckney  and  James  Madison  proposed  in  the  Federal 
Convention  of  1787  that  a  university  section  be  included  in  the 
national  constitution.  Gouverneur  Morris  believed  that  the 
national  government  would  possess  the  power  to  establish  such  a 
university  even  if  no  such  distinct  provision  were  introduced. 
Dr.  Benjamin  Rush,  about  the  same  time,  was  endeavoring  to 
arouse  public  interest  in  such  a  project.  Washington  repeatedly 
urged  his  university  scheme,  and  offered  substantial  encourage- 
ment toward  its  realization.  Jefferson,  John  Adams,  James 
Monroe,  and  John  Quincy  Adams,  all  showed,  in  various  ways, 
their  interest  in  such  an  undertaking. 

These  men  desired  a  national  university  as  a  means  of  dis- 
seminating the  principles  of  free  government  among  our  people ; 
of  preparing  men  for  public  service;  of  bringing  together  the 
representatives  of  different  sections,  that  they  might  overcome 
the  differences  arising  out  of  local  prejudice.  They  thought,  too, 
by  this  means  to  further  the  cultivation  of  the  arts  and  sciences, 
with  a  view  to  building  up  a  worthy  American  civilization.  Wash- 
ington, in  his  message  to  Congress  in  January,  1790,  urged  the 
public  patronage  of  science  and  literature,  and  added  these  words: 
"Whether  this  desirable  object  will  be  the  best  promoted  by 


*President  Woolsey  described  it  as  "a  time  of  relaxed  morality  and  of  exalted 
notions  of  political  riglits."     An  historical  discourse,  p.  35. 


Vol.  3j    Broivn. — The  Origin  of  American  state  Universities .         27 

affording  aids  to  seminaries  of  learning  already  established,  by 
the  institution  of  a  national  university,  or  by  any  other  exped- 
ients, will  be  well  worthy  of  a  place  in  the  deliberations  of  the 
legislature." 

The  new  state  legislatures  caught  ^the  spirit  of  the  time. 
Great  plans  were  considered,  plans  of  education  among  the  rest. 
As  one  writer  has  remarked,  "  The  Legislative  tables  were  covered 
with  novel  projects,  and  the  schemes  of  men  little  habituated  to 
the  unlimited  exercise  of  the  law-making  power." 

When  the  war  was  over,  the  new  states  found  themselves  in 
possession  of  a  great  national  domain  in  the  new  Northwest. 
Historians  have  shown  what  a  mighty  influence  this  Territory 
exercised  in  awakening  the  sense  of  nationality,  and  how  impor- 
tant were  its  later  bearings  upon  our  political  development.  Its 
^^ffects  upon  our  educational  development  were  hardly  less  marked. 
Here  was  a  clear  field  for  educational  experiment.  Congress 
undertook  the  furtherance  of  education  by  setting  apart  lands  for 
educational  purposes  in  this  domain.  While  the  project  of  a 
national  university  waited,  the  states  were  stimulated  and  encour- 
aged to  build  up  great  educational  systems.  It  is  not  surprising 
that  under  these  circumstances  the  Northwest  became  a  favorite 
field  for  the  building  up  of  early  state  universities. 

We  are  now  concerned,  however,  with  those  uncertain  and 
painful  efforts,  in  the  states  along  the  Atlantic,  to  make  over  the 
existing  colleges  into  some  sort  of  institution  which  should  answer 
to  the  rising  educational  consciousness  of  our  people.  It  is  not 
generally  understood  how  many  attem^  were  made  in  the  legis- 
latures of  the  new-born  states  to  render  the  old  colleges  more 
directly  responsible  and  ministrant  to  the  whole  commonwealth. 
Nine  colleges  had  been  incorporated  and  had  entered  upon  a 
course  of  college  instruction  within  the  colonial  period.  Of 
these,  at  least  six  were  more  or  less  directly  affected  by  this  move- 
ment.    First  among  these,  came  the  college  of  Philadelphia. 

While  the  Revolution  was  still  in  progress,  the  general 
assembly  of  Pennsylvania  instituted  an  inquiry  into  the  affairs  of 
the  college.  Many  personal  and  local  considerations  lent  animus 
to  this  movement,  but  the  grounds  of  dissatisfaction  alleged  by 


V 


c 


tx 


v 


28  University  of  California  Publications.         [education 

the  legislative  committee  of  inquiry  were  these:  A  provision  of 
the  college  charter  requiring  the  trustees  to  take  an  oath  of 
allegiance  to  the  king  of  Great  Britain;  evidences  of  hostility  to 
the  government  and  constitution  of  the  State  of  Pennsylvania, 
which  had  been  observed,  on  the  part  of  "divers  of  the  late 
trustees  of  the  said  college ; "  arid  "  that  your  committee  also  have 
sufficient  reason  to  believe  that  the  fair  and  original  plan  of  equal 
privileges  to  all  denominations  hath  not  been  fully  adhered  to." 
.  The  college  charter  was  accordingly  revoked  by  the  legislature  in 
1779,  and  the  "powers,  authorities,  and  estates"  of  the  insti- 
tution were  vested  in  a  new  corporation,  the  Trustees  of  the 
University  of  the  State  of  Pennsylvania.  This  new  body  was 
composed  of  three  classes  of  members:  Six  of  the  highest  offi- 
cials of  the  state  government  ex  officio;  the  "senior  minister  in 
standing"  in  each  of  six  religious  denominations  in  the  city  of 
Philadelphia;  and  thirteen  citizens  individually  named  in  the 
charter.  Vacancies  in  the  last  named  class  were  to  be  filled  by 
vote  of  the  remaining  trustees,  but  their  choice  might  be  dis- 
allowed by  the  house  of  assembly  within  six  months.  The  new 
university  was  thus  placed  under  the  virtual  control  of  the  people 
of  Pennsylvania  as  exercised  through  the  organs  of  the  state 
government,  and  so  much  of  ecclesiastical  participation  as  the 
new  charter  provided  for,  was  distributed  among  the  leading 
Christian  denominations. 

Ten  years  later  the  older  corporation  was  revived,  and  for  two 
years  the  college  and  the  university  existed,  at  least  in  name,  side 
by  side,  as  rival  establishments.  Then,  in  1791,  by  agreement 
\  of  their  boards  of  trustees,  the  two  were  merged  into  one  insti- 
tution,  known  to  this  day  as  the  University  of  Pennsylvania. 
The  board  of  trustees  of  this  university,  twenty-five  in  number, 
is  a  self -perpetuating  body,  with  the  single  exception  that  its 
president  is  the  governor  of  Pennsylvania  ex  officio. 

During  the  Revolution  and  within  a  few  years  after  its  close, 
an  effort  was  made  to  improve  the  relations  of  Yale  College  to 
the  commonwealth  of  Connecticut.  It  was  said  of  President 
V  Stiles  that  he  "brought  back  the  college  to  its  historic  place,  in 
harmony  with  the  legislature  and  all  classes  of  people  in  the 
state."     What  was  accomplished  at  this  time,  however,  was  not 


Vol.31    Brown. — The  Origin  of  American  State  Universities.         29 

a  return  to  the  former  relations,  but  a  notable  change  in  the 
constitution  of  the  college.  The  change  was  only  brought  about 
after  a  long  and  bitter  contest.  The  governor  of  the  state 
proposed  that  a  number  of  civilians  be  added  to  the  managing 
board,  as  a  condition  to  the  renewal  of  public  grants.  To  this 
the  corporation  refused  to  agree.  In  1784  the  opponents  of  the 
college  proposed  that  the  legislature  either  establish  a  rival 
college  or  proceed  to  alter  the  charter  of  Yale,  but  this  proposal 
came  to  nothing.  Finally  it  was  agreed,  in  1792,  that  eight  of 
the  chief  officers  of  the  state  should  be  added,  ex  officio,  to  the 
college  corporation;  and  the  legislature  then  granted  to  the 
college  the  arrearages  of  certain  state  taxes,  which  amounted  to 
something  more  than  forty  thousand  dollars.  After  this  no 
important  change  was  made  in  the  constitution  of  the  board 
until  1869,  when  the  state  relinquished  six  of  the  eight  places 
occupied  by  its  representatives.  These  six  places  have  since 
been  filled  by  the  alumni  of  five  years'  standing,  while  the  gov- 
ernor and  the  lieutenant  governor  of  the  state  are  still  members 
ex  officio. 

King's  College,  in  New  York,  was  greatly  in  disfavor  while 
the  Revolution  was  in  progress,  and  its  Tory  president.  Dr. 
Cooper,  was  obliged  to  flee  for  his  life.  For  a  time  instruction 
was  wholly  discontinued.  In  1784  a  movement  began  in  the 
state  legislature,  "for  the  establishment  of  seminaries  of  learning 
and  schools  for  the  education  of  youth."  The  friends  of  the 
college  took  this  occasion  to  present  to  the  legislature  a  petition 
for  the  rehabilitation  of  that  institution,  with  such  revision  of 
its  charter  as  would  fit  it  to  be  the  head  of  the  proposed  state 
system  of  education.  This  petition  represented  that  parts  of  the 
college  charter  were  "inconsistent  with  that  liberality  and  that 
civil  and  religious  freedom  which  our  present  happy  constitution 
points  out."  The  combined  outcome  of  this  legislative  movement 
and  this  petition  from  the  college  was  the  University  of  the  State 
of  New  York. 

In  the  form  given  to  that  institution  by  the  legislation  of 
1784,  the  board  of  regents  was  a  most  unwieldy  body,  consisting 
of  six  leading  state  officials  and  the  mayors  of  New  York  and 
Albany,  ex  officio;  representatives  of  the  several  counties  of  the 


30  University  of  California  Publications.        [education 

state,  appointed  by  the  governor  with  the  approval  of  the  council 
of  appointment;  representatives  of  the  several  religions  bodies 
of  the  state,  chosen  by  the  clergy  of  the  respective  denomina- 
tions; and  representatives  of  the  founders  of  any  colleges  or 
schools  admitted  to  the  University.  Moreover,  the  fellows, 
professors,  and  tutors  of  the  several  colleges  were  made  "regents 
of  the  said  University,  ex  officio,  and  capable  of  voting  in  every 
case  relative  only  to  the  respective  college  to  which  they  shall 
belong,  excepting  in  such  cases  wherein  they  shall  respectively 
be  personally  concerned  or  interested."  Nine  members  were  to 
constitute  a  quorum  of  this  composite  body — a  provision  which 
made  it  easy  for  Columbia  College  to  control  the  board,  since  its 
large  representation  in  the  New  York  Cit}^  contingent  could  be 
easily  assembled  at  the  place  of  meeting,  while  the  country 
members  could  be  got  together  only  with  extreme  difficulty. 
This  board  was  virtuallj'  a  board  of  trustees  of  Columbia  College, 
but  it  was  also  "empowered  to  found  schools  and  colleges  in  any 
part  of  the  state,  .  .  .  every  such  school  or  college  being  at 
all  times  to  be  deemed  a  part  of  the  university." 

The  fear  of  undue  ecclesiastical  influence  was  apparently  set 
at  rest  by  the  provision  that  professors  should  not  be  subjected 
•\  to  any  religious  test;  but  the  country  members  of  the  board  and 
of  the  legislature  distrusted  the  college  and  desired  to  further 
the  interests  of  the  newer  academies.  Nor  was  the  arrangement 
as  adopted  satisfactory  to  the  friends  of  the  college,  who  could 
not  be  sure  that  the  interests  of  that  institution  would  be  steadily 
and  intelligently  provided  for  by  a  board  so  constituted.  Different 
schemes  of  reform  were  proposed,  and  the  legislation  of  1787  was 
passed  as  a  compromise  measure.  This  provided  that  no  "  trustee, 
president,  principal,  tutor,  fellow,  or  other  officer  of  any  college 
or  academy,  [shall]  be  a  regent  of  the  university."  The  board 
of  regents  was  to  be  composed  of  twenty- one  members,  two  of 
whom,  the  governor  and  lieutenant  governor,  should  be  regents 
ex  officio,  the  remaining  members  being  elected  by  the  legislature. 
Columbia  College  was  given  a  self- perpetuating  board  of  trustees, 
of  twenty-nine — later  twenty-four — members. 

The  constitution  adopted  in   1780  for  the   state  of  Massa- 
chusetts provided  for  the  continuance  of  Harvard  College  under 


Vol.  3]    Brown. — The  Origin  of  American  State  Universities.         31 

its  established  form  of  government,  with  only  such  interpretation 
of  the  earlier  acts  as  was  necessary  to  adjust  them  to  the  new 
political  order.  It  was  expressly  provided  in  this  instrument, 
"that  nothing  herein  shall  be  construed  to  prevent  the  legislature 
of  this  commonwealth  from  making  such  alterations  in  the  gov- 
ernment of  the  said  University,  as  shall  be  conducive  to  its 
advantage  and  the  interest  of  the  republic  of  letters,  in  as  full  a 
manner,  as  might  have  been  done  by  the  legislature  of  the  late 
province  of  Massachusetts  Bay." 

In  1810  the  legislature  passed  an  act  making  a  great  change 
in  the  board  of  overseers.  The  board  as  now  constituted  was  to 
consist,  in  addition  to  the  president  of  the  college  and  certain 
state  officials,  ex  officio,  of  fifteen  ministers  chosen  from  the 
Congregational  churches  and  fifteen  laymen.  This  act  was  not  to 
go  into  effect  until  it  had  been  approved  by  both  of  the  college 
boards.  It  was  so  approved,  however,  and  a  new  board  of  over- 
seers was  constituted  accordingly.  In  1812  the  legislature  repealed 
this  act  without  reference  to  the  approval  of  the  college  boards. 
The  boards  held  that  their  approval  was  necessary  to  the  validity 
of  the  act.  In  1814  the  act  of  1812  was  in  its  turn  set  aside  by  the 
legislature,  and  the  act  of  1810  confirmed  with  some  modification. 
This  act  of  1814  distinctly  provided  that  the  approval  of  the  col- 
lege boards  should  be  necessary  to  its  validity ;  and  such  approval 
was  in  fact  promptly  secured.  The  Massachusetts  constitutional 
convention  of  1820-21  proposed  to  declare  the  Board  of  Overseers 
free  to  elect  to  membership  in  their  body  "ministers  of  churches 
of  any  particular  denomination  of  Christians;"  but  the  proposal 
was  rejected  by  the  people.  In  1843,  however,  this  change  was 
brought  about.  Finally,  in  1865,  the  right  of  the  state  govern- 
ment to  representation  in  the  board  was  given  up  entirely,  and 
the  board,  with  the  exception  of  the  president  and  treasurer  of 
the  college,  who  are  members  ex  officio,  became  representative  of 
the  college  alumni  of  five  years'  standing. 

It  appears  from  what  has  been  said,  that  the  last  quarter  of 
the  eighteenth  century  was  marked  in  our  educational  history  by 
repeated  efforts  to  bring  the  existing  colleges  under  some  sort  of 
direct  governmental  control;  and  that  after  the  opening  of  the 


32  University  of  California  Publications.         [education 

nineteenth  century  an  institution  «o  vitally  connected  with  the 
commonwealth  as  Harvard  College,  suffered  some  slight  encroach- 
ment from  the  state  legislature.  But  the  most  notable  case  of 
this  sort,  the  case  in  which  the  movement  reached  its  culmination 
and  also  its  judicial  determination,  arose  in  connection  with  Dart- 
mouth College,  in  the  second  decade  of  the  century. 

Eleazar  Wheelock  had  named  his  son,  John,  as  his  successor 
in  the  presidency  of  this  institution,  in  accordance  with  the  pro- 
visions of  the  charter.  John  Wheelock  served  the  college  with 
marked  efficiency  for  many  years.  After  a  time,  serious  differ- 
ences arose  between  him  and  certain  members  of  the  board  of 
trustees.  These  differences  seem  to  have  been  at  the  outset  theo- 
logical in  their  character.  They  soon  involved  a  large  circle  of 
those  interested  in  the  college,  in  New  Hampshire  and  neighbor- 
ing states,  many  leading  citizens  being  enlisted  as  partisans  of 
either  the  one  side  or  the  other.  The  dispute  became  a  political 
question,  the  great  parties  in  the  state  being  arrayed  on  oppo- 
site sides.  President  Wheelock  finally  appealed  to  the  legislature 
for  a  committee  of  investigation,-  charging  the  trustees  with 
religious  intolerance,  with  violation  of  the  charter  in  attacks  upon 
the  presidential  office,  and  with  other  breaches  of  trust.  The  leg- 
islature voted  by  a  large  majority  to  appoint  such  a  committee. 
The  trustees  then  removed  the  president  and  appointed  a 
successor. 

The  governor  of  the  state,  in  a  message  to  the  legislature, 
took  grounds  against  the  trustees;  and  the  legislature  passed  an 
act,  June  27,  1816,  declaring  that  "the  college  of  the  state  may, 
in  the  opinion  of  the  legislature,  be  rendered  more  extensively  use- 
ful," and  enacting  accordingly  "that  the  corporation,  heretofore 
called  and  known  by  the  name  of  the  Trustees  of  Dartmouth  Col- 
lege, shall  ever  hereafter  be  called  and  known  by  the  name  of  the 
Trustees  of  Dartmouth  University."  The  membership  of  the 
board  of  trustees  was  increased  from  twelve  to  twenty- one,  the 
president  being  made  a  member  of  the  board  ex  officio,  and  the 
governor  and  council  being  authorized  to  appoint  in  the  first 
instance  the  number  of  trustees  necessary  to  complete  the  board 
to  the  number  of  twenty-one.  A  board  of  overseers  was  also  con- 
stituted, of  twenty-five  members,  having  power  "to  inspect  and 


Vol.  3]    Brown.  —  The  Origin  of  American  state  Universities.         33 

confirm,  or  disapprove  and  negative,  such  votes  and  proceedings 
of  the  board  of  trustees  as  shall  relate  to  the  appointment  and 
removal  of  the  president,  professors,  and  other  permanent 
officers  of  the  university,  and  determine  their  salaries;  to 
the  establishment  of  colleges  and  professorships,  and  the 
erection  of  new  college  Buildings,"  etc.  Of  this  board, 
the  president  of  the  senate  and  the  speaker  of  the  house 
of  representatives  of  New  Hampshire,  and  the  governor 
and  lieutenant-governor  of  Vermont,  were  to  be  members 
ex  officio.  The  governor  and  council  of  New  Hampshire  were 
authorized  to  appoint  the  remaining  members  of  this  board 
and  to  fill  vacancies  in  the  same  as  they  should  occur.  It  was 
further  enacted  that  "perfect  freedom  of  religious  opinion  shall 
be  enjoyed  by  all"  the  officers  and  students  of  the  University." 
The  board  of  trustees  of  the  college  maintained  that  the  legis- 
lature had  no  power  of  interference  in  their  affairs,  and  carried 
the  matter  into  the  courts.  The  supreme  court  of  the  state  of  New 
Hampshire  decided  against  the  college.  The  case  was  then  car- 
ried into  the  supreme  court  of  the  United  States.  Daniel  Webster 
was  of  the  counsel  for  the  college,  and  his  argument  in  this  case 
added  greatly  to  his  fame  as  a  constitutional  lawyer.  The  opin- 
ion of  the  court  was  pronounced  in  February,  1819,  by  Chief 
Justice  Marshall.  The  finding  of  the  New  Hampshire  court  was 
reversed. 

The  decision  is  summarized  in  the  following  terms : 

"  The  charter  granted  by  the  British  crown  to  the  trustees  of 
Dartmouth  College,  in  New  Hampshire,  in  the  year  1769,  is  a 
contract  within  the  meaning  of  that  clause  of  the  constitution  of 
the  United  States  (Art.  1,  s.  10)  which  declares  that  no  state 
shall  make  any  law  impairing  the  obligation  of  contracts.  The 
charter  was  not  dissolved  by  the  Revolution. 

"An  act  of  the  State  of  New  Hampshire  altering  the  charter 
without  the  consent  of  the  corporation  in  a  material  respect  is  an 
act  impairing  the  obligation  of  the  charter,  and  is  unconstitutional 
and  void. 

"  Under  its  charter  Dartmouth  College  was  a  private  and  not 
a  public  corporation.  That  a  corporation  is  established  for  pur- 
poses of  general  charity,  or  for  education  generally,  does  not, 

Educ'n.— 3 


\ 


34  University  of  California  Publications.         [education 

per  se,  make  it  a  public  corporation,  liable  to  the  control  of  the 
legislature."* 
r^  1  It  would   be   hard   to   overestimate    the  significance  of  this 

I  decision.  Chancellor  Kent  said  of  it  that  it  "did  more  than  any 
other  single  act  proceec^ing  from  the  authority  of  the  United 
States  to  throw  an  impregnable  barrier  around  all  rights  and 
franchises  derived  from  the  grant  of  government,  and  to  give 
solidity  and  inviolability  to  the  literary,  charitable,  religious,  and 
commercial  institutions  of  our  country." 

It  was  perhaps  an  unmixed  advantage  to  commercial  establish- 
ments to  have  it  settled  once  for  all  that  a  self-perpetuating, 
chartered  institution  is  a  private  and  not  a  public  corporation,  and 
so  beyond  the  reach  of  governmental  interference;  but  when  it 
came  to  educational  establishments,  this  decision  cut  both  ways. 
The  conviction  to  which  William  Livingston  had  given  utterance 
many  years  before — that  an  institution  of  higher  education  could 
not  possibly  be  a  private  concern  as  regards  its  operation  and 
influence — had  come  abroad  and  gained  general  currency.  That 
an  institution  which  exercised  so  momentous  a  public  influence 
should  be  beyond  the  reach  of  public  control  seemed  to  many  a 
/  dangerous  state  of  affairs.  The  decision  in  the  Dartmouth  College 
case  put  an  end  to  efforts  directed  toward  governmental  regulation 
of  educational  close-corporations ;  but  in  so  doing  it  turned  the  full 
force  of  this  movement  into  that  other  possible  course  of  gov- 
ernmental agency,  namely,  the  establishment  and  maintenance  of 
colleges  and  universities  under  full  state  control. 

In  the  most  of  the  older  states,  the  colleges  already  founded  were 
able  to  ward  off  the 'danger  which  threatened  them,  of  rival  estab- 
lishments under  the  patronage  of  the  state.  The  loyalty  of  their 
graduates,  their  acquired  endowments,  and  even  the  bare  fact  that 
they  were  already  in  the  field,  gave  them  a  great  advantage.  But 
they  did  not  rely  upon  such  advantage  alone.  Roused  by  the  loss 
of  prestige  and  support,  or  responding  to  a  public  need  which  they 
recognized  apart  from  such  reminders,  they  set  themselves  about 
the  enlargement  of  their  sphere  of  usefulness.  The  Great 
Awakening   had   encouraged   the   establishment   of    academies, 

*The  Trustees  of  Dartmouth  College  vs.  Woodward.     4  Wheaton  514. 


Vol.  3j    Brotvn.  —  The  Origin  of  American  State  Universities .         35 

which  were  believed  to  be  of  greater  use  and  value  to  the  people 
at  large  than  were  the  more  exclusive  colleges.  These  academies 
offered  instruction  in  various  scientific  and  practical  branches, 
and  in  advanced  literary  studies  in  English,  which  were  not  then 
included  in  the  ordinary  college  course.  But  by  degrees,  the  col- 
leges followed  the  lead  of  the  more  popular  schools  in  the  giving  of 
such  instruction,  and  so  drew  nearer,  themselves,  to  the  people. 
They  ceased  to  be  schools  primarily  for  the  training  of  ministers 
and  became  instead  general  schools  of  higher  learning — colleges,  .J 
in  a  word,  of  the  nineteenth  century  type.  / 

But  the  demand  for  universities  under  state  control  was  more 
profound  and  far-reaching  than  was  commonly  supposed.  In  ^ 
some  of  the  older  states  it  led  to  the  establishment  of  successful 
state  institutions,  in  spite  of  all  the  hindrances  and  unfavorable 
pre-suppositions  which  it  had  to  encounter.  We  have  seen  that 
the  University  of  Pennsylvania,  and  Columbia  and  Dartmouth 
Colleges,  had  each  its  brief  term  of  service  as  a  real  state  institu- 
tion. But  other  state  universities  soon  began  to  take  permanent 
shape.  The  movement  was  nearly  simultaneous  in  the  west  and 
south.  But  the  influence  of  the  south  was  dominant  in  the  earlier 
days,  and  that  of  the  west  at  a  later  period. 

North  Carolina,  following  Pennsylvania,  included  in  its  state 
constitution  of  1776  the  provision  that,  "All  useful  learning  shall 
be  duly  encouraged  and  promoted  in  one  or  more  universities." 
In  accordance  with  this  provision,  the  state  legislature  erected  a 
university  in  1789,  which  began  giving  instruction  in  1795.  This 
institution,  however,  did  not  come  under  direct  state  control  till 
1821.  South  Carolina  College,  an  institution  under  full  state 
control,  was  established  bj^  legislative  act  in  1801,  and  opened  in 
1805.  The  long  and  varied  efforts  of  Thomas  Jefferson  to  secure 
the  establishment  of  a  university  under  public  control  in  the  Old 
Dominion,  were  crowned  with  success  in  1819,  the  year  in  which 
the  decision  in  the  Dartmouth  College  case  was  handed  down  by 
the  supreme  court  of  the  United  States.  This  was  an  event  of 
capital  importance.  Repeated  efforts  had  been  made  to  trans- 
form William  and  Mary  College  into  an  institution  which  might 
fairly  serve  as  the  crowning  member  of  a  state  system  of  educa- 
tion.    But  this  had  been  found  at  last  to  be  impracticable,  chiefly 


t^ 


36  University  of  California  Publications.         [education 

because  of  the  fixed  ecclesiastical  character  of  the  old  foundation, 
and  the  establishment  of  the  new,  state  university  followed. 

The  fact  that  the  University  of  Virginia  held  the  chief  place 
in  a  well-thought-out  plan  of  education,  which  was  vitally  con- 
nected  with  a  democratic  scheme  of  society,  and  the  further  fact 
that  it  was  the  cherished  project  of  Thomas  Jefferson,  compelled 
the  serious  attention  of  the  builders  of  new  commonwealths.  And 
the  intrinsic  character  of  the  new  institution  was  such  that  its 
establishment  marked  an  epoch  in  our  educational  development. 

Important  beginnings  were  making  meanwhile  in  the  new 
states  of  the  Old  Northwest.  The  first  constitution  of  the  state 
of  Indiana,  adopted  in  1816,  contained  this  significant  passage: 
"It  shall  be  the  duty  of  the  general  assembly,  as  soon  as  circum- 
stances will  permit,  to  provide  by  law  for  a  general  system  of 
education,  ascending  in  a  regular  gradation  from  township 
schools  to  a  State  university,  wherein  tuition  shall  be  gratis  and 
equally  open  to  all."  In  accordance  with  this  provision,  Indiana 
Seminary  was  established  in  1820,  which  became  Indiana  College 
in  1828;  and  ten  years  later,  that,  in  turn,  became  Indiana 
University. 

In  1817,  the  "  Catholepistemiad  or  University  of  Michigania" 
was  called  into  being  by  the  territorial  government  of  Michigan. 
Out  of  this  whimsical  and  grandiloquent  affair  the  real  Univer- 
sity of  Michigan  ultimately  developed.  Favorable  circumstances 
affecting  its  external  administration,  combined  with  excel- 
lences of  internal  management  and  instruction,  gave  this  insti- 
tution a  position  of  leadership  among  our  state  universities 
during  the  latter  half  of  the  nineteenth  century.  The  new  states 
coming  into  being  through  the  century,  with  few  exceptions, 
established  such  universities.  Their  erection  soon'  came  to  be  a 
matter  of  course  in  the  new  western  commonwealths,  the  begin- 
nings sometimes  being  made  before  the  territorial  status  had 
been  outgrown.  Such  a  movement  cannot  but  be  regarded  as 
^  of  the  highest  significance.  This  monograph  is  not  intended  to 
do  more  than  show  the  early  aims  and  efforts  out  of  which  these 
state  universities  have  come,  and  not  to  trace  their  development 
after  the  movement  was  fairly  under  way.  If  the  history  of 
what  was  doing  in  this  direction  between  1820  and  1850  should 


Vol..  3]    Brown. — The  Origin  of  American  State  Universities.        37 

be  adequately  set  forth,  it  would  undoubtedly  prove  of  great 
importance  because  of  the  light  it  would  throw  on  the  making 
of  our  American  civilization. 

There  is  no  occasion  to  claim  that  in  the  establishment  of  state 
universities  we  have  reached  the  ultimate  form  of  all  academic 
organization  in  America.  But  this  may  fairly  be  regarded  as  a 
very  notable  stage  in  the  development  of  true  academic  freedom. 
Such  freedom  is  found  in  its  fulness  only  in  an'  institution  which 
recognizes  the  full  circle  of  its  responsibility.  An  institution  is 
free  only  when  it  serves  the  public  good  in  the  largest  possible 
measure.  The  ultimate  assurance  that  any  institution  will  devote 
itself  continuously  to  such  service  is  to  be  found  in  the  mainte- 
nance of  public  spirit  in  its  members.  An  institution  under  a 
close  corporation  is  a  public  institution  in  the  highest  sense  of 
the  word,  when  its  members  give  themselves  continuously,  as  a 
matter  of  principle,  to  the  service  of  the  whole  people.  And  the 
governmental  control  of  state  institutions  is,  rightly  considered, 
simply  a  means  which  has  been  devised  for  keeping  the  public 
spirit  of  a  teaching  body  up  to  its  best  estate.  We  may  frankly 
admit  that  it  is  not  the  only  means  to  this  end,  but  it  can 
not  be  denied  that  it  has  been  one  of  the  most  effective.  In  the 
long  run,  universities  are  controlled  by  public  opinion,  which  they 
themselves  have  helped  to  make.  The  best  form  of  organization 
for  any  given  institution  is  that  which  best  enables  it  to  cooper- 
ate vitally  and  continuously  with  the  best  public  opinion  of  its 
constituency.  Universities  under  close  corporations  and  state 
universities  must  be  tried  alike  by  this  test. 

The  fact  that  institutions  of  these  two  types  have  been 
growing  up  side  by  side,  in  friendly  cooperation  and  equally 
friendly  competition,  has  lent  peculiar  interest  and  distinction 
to  the  movement  of  public  education  in  these  United  States. 
The  older  type  is  particularly  well  adapted  to  the  maintenance 
of  worthy  academic  traditions.  It  is  commonly  believed  that 
it  is  not  so  readily  responsive  as  the  state  university  to  new 
conditions,  which  give  rise  to  new  educational  needs.  But  it 
must  be  added  that  when  the  need  of  change  is  recognized, 
it  is  capable  of  making  radical   reforms  swiftly  and  securely. 


38      '  University  of  California  Publications.         [education 

Institutions  under  state  control,  on  the  other  hand,  are  sensitive 
to  the  changing  needs  of  changing  times.  But  when  they  feel 
the  need  of  change,  they  must  often  wait  till  public  opinion 
has  come  round  to  some  sort  of  understanding  of  the  best 
direction  to  be  given  to  the  desired  reform.  And  the  time  of 
waiting  may  be  a  time  of  uncertain  experimentation,  which  is 
unfavorable  to  academic  stability.  This  is  especially  true  when 
an  institution  of  this  sort  is  so  organized  that  its  management 
changes  whenever  a  new  party  comes  into  political  power.  If  a 
college  forever  bound  to  one  sect  or  class  is  a  "party- college,"  a 
college  which  changes  with  each  change  of  political  parties  is 
also  a  party- college,  of  a  very  unfortunate  sort.  But  a  state 
university  is  not  necessarily  such  an  institution.  The  greater 
number  of  the  state  universities  now  in  existence  are,  in  fact, 
something  very  different  from  a  party-college  and  something 
vastly  better. 

It  must  not  be  forgotten  that  both  the  advantages  and  the 
disadvantages  of  state  university  control  are  essentially  the  same 
as  those  of  democracy  in  general.  One  who  has  unqualified  faith 
in  democracy  will  think  twice  before  condemning  the  state  uni- 
versity system.  An  aspect  of  the  case  which  should  not  be  over- 
looked, is  the  education  which  the  people  themselves  have  gained 
through  their  very  efforts  to  give  the  best  possible  direction  to 
the  affairs  of  a  state  university. 

It  appears  that,  on  the  whole,  some  middle  ground  is  desirable 
for  any  sort  of  university — a  middle  ground  which  insures  both 
stability  and  the  most  ample  responsibility.  As  a  matter  of  fact, 
both  types  of  American  institution  have  been  tending  toward 
such  middle  ground.  The  two  types  are  still  clearly  distinct,  and 
we  may  hope  that  they  will  always  be  distinct;  but  each  is  aiming 
to  avail  itself  of  advantages  possessed  by  the  other. 

As  regards  the  institutions  under  the  control  of  private 
corporations,  perhaps  the  most  notable  change  that  has  been 
made,  is  that  which  provides  for  the  election  of  at  least  a  part  of 
the  members  of  their  managing  boards  by  vote  of  their  own 
alumni.  This  is  equivalent  to  saying  that  any  man  may  become  an 
elector  in  this  commonwealth  of  learning  by  simply  gaining  such 
knowledge  of  the  character  and  needs  of  the  institution  as  may 


Vol.  3]    Brotvn. — The  Origin  of  American  state  Universities.         39 

be  gained  by  passing  through  its  course  of  instruction.  Harvard, 
Yale,  and  Cornell  Universities  offer  familiar  examples  of  this 
provision. 

State  universities,  on  the  other  hand,  are  becoming  more 
stable,  ill  consequence  of  provisions  which  protect  them  against 
abrupt  and  immediate  changes  with  each  change  of  the  party  in 
control  of  the  state  government.  The  Universities  of  Michigan 
and  California  are  cases  in  point.  In  California  the  charter  of 
the  University  was  reaffirmed  in  its  entirety  by  the  state  consti- 
tution of  1879.  This  charter,  then,  cannot  now  be  changed  by 
legislative  enactment  alone.  The  long  term  of  service,  moreover, 
which  it  secures  to  appointive  members  of  the  Board  of  Regents, 
coupled  with  the  provision  that  the  terms  of  only  a  small  propor- 
tion of  the  members  shall  expire  at  any  one  time,  guards  against 
too  abrupt  changes  in  the  policy  of  the  institution. 

It  seems  reasonably  clear  that  the  strife  and  turmoil  and 
trouble  out  of  which  issued  the  movement  toward  the  establish- 
ment of  our  state  universities,  has  taught  one  lesson  which  is  of 
value  to  universities  of  every  sort.  And  that  is  the  lesson  to 
which  William  Livingston  gave  utterance  a  century  and  a  half 
ago :  That  no  sort  of  higher  education  can  possibly  be  a  merely 
private  concern;  and  that  universities  have  the  moral  right  to 
exist  only  in  so  far  as  they  are  dominated  by  public  spirit,  and 
devoted  to  the  public  good.  The  relations  actually  subsisting  at 
the  present  time  between  bur  best  state  universities  and  the  states 
which  they  severally  serve,  more  than  realize  the  ideal  which 
Livingston  set  forth.  They  are  institutions  ministering  in  count- 
less ways  to  the  public  good.  They  advance  and  ennoble  the 
industries,  build  up  the  professions,  vitalize  the  education,  and 
quicken  the  spiritual  life  of  the  commonwealth,  touching  the 
deeper  interests  of  the  people  at  so  many  points  that  every  class 
and  every  community  feel  their  influence .  And  the  people  respond 
with  loyal  support  and  sympathy  which  is  only  partially  expressed 
in  the  unanimous  votes  by  which  state  legislatures  have  repeatedly 
appropriated  great  sums  of  money  for  university  maintenance. 
Herein  is  seen  one  of  the  finest  recent  developments  of  American 
education.  And  it  will  be  well  for  American  life  and  the  Amer- 
ican character  if  the  spirit  which  has  been  manifested  in  this 


40  University  of  California  Puhlications .         [education 

development  shall   be   the  dominant  spirit  in  our  educational 
institutions,  under  whatever  form  of  management  and  control. 

The  spirit  is  indeed  of  more  importance  than  the  form,  and 
may  be  trusted  to  mold  the  form  to  its  purpose.  If  the  two  types 
of  university  control  are  coming  nearer  together,  it  is  because 
both  are  leading  up  to  the  one  type  of  American  university,  which 
is  that  of  an  institution  ministering  liberally  and  constantly  to 
the  higher  life  of  the  people  and  of  all  the  people.  The  different 
forms  of  control  are  different  means  to  this  one  end.  Universities 
of  all  types  are  striving  now-a-days  to  be  simply  universities,  in 
this  large  meaning  of  the  word.  Their  differences  of  external 
management  become  relatively  of  less  importance  as  this  unity  of 
the  spirit  is  more  and  more  realized.  The  state  universities  have 
certainly  done  much  toward  the  making  of  this  American  univer- 
sity ideal;  how  much  proportionately,  may  be  left  to  future 
historians  to  determine. 


Vol.31    Brown. — The  Origin  of  American  State  Universities .        41 


BIBLIOGRAPHY 


I.  SOUECES 

[Valuable   reprints   are   found   in   some  of  the   Histories  entered  under 
division  11.] 

Clap,  Thomas.     Annals  or  history  of  Yale-College     .     .     .     from  the  first 
founding  thereof  in  the  year  1700  to  the  year  1766.     .     .     . 
New-Haven,  1766,  pp.  124. 

Clap,  Thomas.     The  religious  constitution  of  colleges,  especially  of  Yale- 
College  in  New -Haven  in  the  colony  of  Connecticut. 
New  London,  1754,  pp.  20. 

Clews,  Elsie  W.     Educational  legislation  and  administration  of  the  colonial 
governments. 

Columbia  University  Contributions  to  Philosophy,  Psychology  and 

Education,  v.  6,  nos.  1-4. 
New  York:  The  Macmillan  Co.,  1899,  pp.  9  +  524. 

A  comprehensive  collection  of  Colonial  documents,  reprinted  with 
historical  notes.     Extremely  valuable.     Bibliography  in  Appendix  B. 

Hinsdale,  B.  A.     Documents  illustrative  of  American  educational  history. 
Report  of  Commissioner  of  Education,  1892-93,  v.  2,  pp.  1225-1414. 

An  extensive  and  valuable  collection,  covering  both  colonial  and 
later  times.  Section  9  contains  materials  relating  to  the  early  project 
of  a  national  university.  A  brief  bibliography  of  this  movement 
appears  on  p.  1312.  All  educational  provisions  of  state  constitutions 
ever  adopted,  down  to  1895,  are  included,  in  section  10. 

Hough,  Franklin  B.     Constitutional  provisions  relating  to  education,  liter- 
ature and  science  in  the  several  states  of  the  American  Union.     .     .     . 
Circular  of  Information  of  the  Bureau  of  Education,  no.  7,   1875, 

pp.  130. 
Complete  down  to  the  date  of  publication.     A  classified  summary 
is  added. 

Independent  Reflector,  The.     New  York,  1752-53. 

This  was  a  weekly  publication,  each  issue  containing  from  four  to 
eight  folio  pages.  Fifty-two  numbers  appeared,  the  first,  November 
30,  1752,  and  the  last,  November  22,  1753.  It  was  edited,  and  would 
seem  to  have  been  mainly  written,  by  William  Livingston.  There  is 
a  complete  file  in  the  Astor  Library,  bound  in  one  volume,  together 
with  a  Preface  contributed  by  Mr.  Livingston  after  the  publication  was 
discontinued.  The  State  Library  of  New  York  has  a  file,  without 
preface,  from  which  two  or  three  leaves  are  missing.  These  are  the 
only  copies  that  I  have  come  upon.  The  portions  relating  to  King's 
College  were  reprinted  in  the  following: 


42  University  of  California  Publications.         [education 

Pratt,  Daniel  J.     Annals  of  public  education  in  the  State  of  New  York. 

In  the  82d,  83d,  86th,  87th,  89th,  and  96th  annual  reports  of  the 
Eegents  of  the  State  of  New  York. 

It  is  the  fourth  instalment  of  this  series  (87th  report,  1874,  pp. 
715-780)  which  contains  reprints  of  Livingston's  articles,  and  of  other 
matter  relating  to  the  early  history  of  King's-Columbia  College. 

University  of  Virginia.  Early  History  of  the  University  of  Virginia  as 
contained  in  letters  [of  Thomas  Jefferson  and  J.  C.  Cabell],  hitherto 
unpublished. 

Richmond,  1856,  pp.  36  +  528.     Bibliography,  pp.  283-216. 

William  and  Mary  College.     The  Charter,  and  statutes,  of  the  College  of 
"William  and  Mary,  in  Virginia.     In  Latin  and  English. 
Williamsburg,  1736,  pp.  122. 
The  copy  which  I  have  used  is  in  the  Library  of  Congress. 

II.  HISTORIES 

Brown  University.  Guild,  Reuben  Aldridge.  Early  history  of  Brown  Uni- 
versity. 

Providence,  1897,  pp.  3  +  631. 

.     ToLMAN,  William  Howe.     Brown  University. 

Pt.  4,  pp.  93-200,  of   his   History  of  higher  education  in    Rhode 
Island.     Circular  of  Information  of   the  Bureau  of  Education, 
no.  1,  1894. 
Bibliography  on  pp.  209-210*. 

Colvmbia  University  and  University  of  the  State  of  New  York.     Moore,  N.  P. 
An  historical  sketch  of  Columbia,  College,  in  the  city  of  New  York. 
New  York,  1846,  pp.  126. 

.     Sherwood,  Sidney.     The  University  of  the  State  of  New 


York. 

Circular  of  Information  of  the  Bureau  of  Education,  no.  3,  1900, 
pp.  538. 

A  very  valuable  contribution  to  American  educational  history.  It 
includes  a  sketch  of  the  history  of  Columbia  University  by  Frank 
R.  Hathaway,  pp.  133-198,  with  bibliography,  pp.  194-198.  A  bibli- 
ography of  the  general  subject  appears  on  pp.  111-112. 

Dartmouth   College.     Gerould,  James    Thayer,  compiler.     Bibliography  of 
Dartmouth  College  and  Hanover,  N.  H. 
Concord,  1894,  pp.  69. 

.     Smith,  Baxter  Perry.     History  of  Dartmouth  College. 

Boston,  1878,  pp.  7  +  474. 


Vol.31    Brown. — The  Origin  of  American  State  Universities .        43 

Harvard  University .     Bush,  George    Gary.     Historical  sketch  of    Harvard 
University. 

Chaps.    2-8,  pp.    21-224,  of    his   History   of   higher  education    in 
Massachusetts.     Circular  of  Information  of  the  Bureau  of  Educa- 
tion, no.  6,  1891. 
Bibliography,  pp.  221-223. 

.     Peirce,  Benjamin.     History  of  Harvard  University. 


Cambridge,  1833,  pp.  19  +  316  +  159. 
.     QuiNCY,  JosiAH.     History  of  Harvard  University. 


Boston,  1860,  2  v. 

HoYT,  John  W.     Memorial  in  regard  to  a  national  university. 

Washington:  Government  Printing  Office,  1892,  pp.  123. 

Professor  Hinsdale  called  this  memorial  "a  magazine  of  quotations 
and  arguments  in  relation  to  its  subject."  For  further  references  on 
the  project  of  a  national  university,  see  Professor  Hinsdale's  Documents, 
etc.,  above  (under  Sources). 

Princeton  University.     De  Witt,  John.     Princeton  University. 

Chap.  9,  pp.  199-286,  of  Murray,  David.  History  of  education  in 
New  Jersey.  Circular  of  Information  of  the  Bureau  of  Education, 
no. 1, 1899. 

.     Maclean,  John.     History  of  the  College  of  New  Jersey, 


from  its  origin  in  1746  to  the  commencement  of  1854. 
Philadelphia:     J.  B.  Lippincott  &  Co.,  1877,  2  v, 

Rutgers  College.     Demarest,  David  D.     Rutgers  College. 
Chap.  10,  pp.  287-302,  of  Murray.     Op.  cit. 

Sedgwick,  Theodore,  Jun.  A  memoir  of  the  life  of  William  Living- 
ston      New  York,  1833. 

South  Carolina  College.  La  Borde,  M.  History  of  the  South  Carolina 
College,  from  its  incorporation  December  19,   1801,  to  November  25, 

1857 

Columbia,  S.  C,  1859,  pp.  464. 

Ten  Brook,  Andrew.  American  state  universities,  their  origin  and  prog- 
ress: a  history  of  congressional  university  land-grants  .  .  .  [and] 
of  the  University  of  Michigan. 

Cincinnati:  Robert  Clarke  &  Co.,  1875,  pp.  8  +  410. 

This  volume  gave  rise  to  a  noteworthy  discussion  in  the  reviews, 
some  of  the  chief  contributions  being  the  following: 

Adams,  Charles  Kendall.     Review  of  Ten  Brook's  "American  state 
universities      ..." 

North  American  Review,  v.  121,  pp.  365-408,  October,  1875. 


44  University  of  California  Publications.        [education 

Magoun,  Geo.  F.     The   source   of   American    education  —  popular  and 
religious. 

The  New  Englander,  v.  36,  pp.  445-486,  July,  1877.    • 

Adams,  Charles  Kendall.     Ought  the  state  to  provide  for  higher  edu- 
cation? 

TJie  New  Englander,  v.  37,  pp.  362-384,  May,  1878. 

University  of  California.     Jones,  William  Carey.    Illustrated  history  of  the 
University  of  California. 

San  Francisco:  Frank  H.  Dukesmith,  1895,  pp.  413. 
Revised  edition,   Berkeley:   Students'    Cooperative   Society,   1901, 
pp.   430. 

University  of  Indiana.    Woodburn,  James  Albert.    The  Indiana  Seminary; 
the  College  and  the  University. 

Chaps.  5  and  6,  pp.  74-101,  of  his  Higher  education  in  Indiana. 
Circular  of  Information  of  the  Bureau  of  Education,  no.  1,  1891. 

The   earlier   chapters  of  the   same    work   are   significant  in  their 
bearing  on  the  general  subject. 

University  of  Michigan.      McLaughlin,   Andrew  C.      [The    University  of 
Michigan.] 

Chaps.   3-11,   pp.   29-97,  of   his    History   of    higher    education   in 
Michigan.    Circular  of  Information  of- the  Bureau  of  Education, 
no.  4, 1891. 
Bibliography,  pp.  96-97. 

.     See  Ten  Brook. 


University  of  the  State  of  New  York.     See  Columbia  University. 

University  of  North  Carolina.      Smith,   Charles    Lee.      The  University  of 
North  Carolina. 

Chap.  3,  pp.  52-100,  of  his  History  of  education  in  North  Carolina. 
Circular  of  Information  of  the  Bureau  of  Education,  no.  2,  1888. 

University  of  Pennsylvania.     Montgomery,  Thomas  Harrison.     History  of 
the  University  of  Pennsylvania  from  its  foundation  to  A. D.  1770.   .   .   . 
Philadelphia:  George  W.  Jacobs  &  Co.,  1900,  pp.  566. 

.     Thorpe,   Francis   Newton.     Benjamin  Franklin    and    the 


University  of  Pennsylvania. 

Circular  of  Information  of  the  Bureau  of  Education,  no.  2,   1892, 

p.  450. 
Rich  in  reprints  of  early  documents. 

of  Virginia.     Adams,   Herbert   B.      Thomas   Jefferson    and   the 
University  of  Virginia. 

Circular  of  Information  of  the  Bureau  of  Education,  no.  1,   1888 
pp.  308. 


Vol.  3j    Broivn. — The  Origin  of  American  state  Universities.         45 

University  of  Wisconsin.     Thwaites,  Eeuben  Gold.     University  of  Wiscon- 
sin, its  history  and  alumni. 

Madison:  J.  N.  Pureell,  1900,  pp.  20  +  889. 

William  and  Mary  College.     Adams,  Herbert  B.     The  College  of  William 
and  Mary:    a  contribution  to  the  history  of  higher  education. 

Circular  of  Information  of  the  Bureau  of  Education,  no.  1,  1887, 

pp.  89. 
Bibliography  in  an  appendix. 

Yale  University.     Baldwin,  Simeon   E.     The   ecclesiastical  constitution   of 
Yale  College. 

In  Papers  of  the  New  Haven  Colony  Historical  Society,  v.  3,  pp. 
495-442. 

.     Dexter,  Franklin  B.     The  founding  of  Yale  College. 


Id.,  V.  3,  pp.  1-31. 


.     Steiner,  Bernard  C.     Yale  University. 

Chap.  5,  pp.  67-236,  of  his  History  of   education  in  Connecticut. 
Circular  of  Information  of  the  Bureau  of  Education,  no.  2,  1893. 

.     WooLSEY,  Theodore  D.     An  historical  discourse  pronounced 


before  the  graduates  of  Yale  College,  August  14,  1850.     . 
New  Haven,  1850,  pp.  128. 


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